THE 



LAWYER YS THE SCHOOL-ROOM 



COMPRISING THE 



LAWS OF ALL THE STATES 

ON 

IMPORTANT EDUCATIONAL SUBJECTS. 
Carefully Compiled, Arranged, Cited, aud Explained, 



T. Jifc 



BY 

: WA.ZSB:, A,M., ZL.%., 

OF THE NEW-YORK EAR. 



"Honor is ordained for no cause 
But to see right maintained by the laws. 






I8G7 



J. W. SCHERMERHORN & CO., 430 BROOME STREET. 

Philadelphia, 512 Arch Street ; Chicago, 6 Custoxi-House Place. 

London: 60 Paternoster Row, Trubner & Co. 

SOLD BY BOOKSELLERS GENERALLY. 
1867. 



4* 



Entered, according to act of Congress, in the year 1867, by 

M. McN. WALSH, 

in the Clerk's Office of the District Court for the Southern District of New- York. 



Contents. 

— ♦— 



CHAPTER I. 

Of Schools, School Systems, and Governments. — Giving an explanation of the dif 
ferent plans that have been adopted for the diffusion of kndwledge in all countries 
ancient and modern, and showing the effect which governmental school systems 
have had upon the destiny of nations, , 1 

CHAPTER II. 

The Law as to Religion in Schools.— This chapter contains the old English and 
colonial laws relative to the subject, and gives a succinct legal history (all taken 
from law books and court records) of the origin and progress of " religious liberty " 
in this country, 2S 

CHAPTER III. 

The Law as to Religion in Schools.— In this chapter the laws of the several 
States, now in force, are carefully explained and cited, 45 

CHAPTER IV. 
The Law as to Corporal Punishment — Parent and Child, 64 

CHAPTER V. 
The Law as to Corporal Punishment — Teacher and Pupil, 70 

CHAPTER VI. 
The Law as to Punishing for Misconduct out of School, 98 

CHAPTER VII. 

The Law as to the Proper Instrument to be used in Punishing, 116 

CHAPTER VIII. 

The Law as to the Right of Parents to Interfere with the rules or the methods 
of discipline adopted in schools, 119 

CHAPTER IX. 
The Law sa to the Teacher's Morality, 136 



" 'Tis best to make tlie law our friend, 
And patiently await : 
Keep your side good, and you are sure 
To conquer soon or late.' 



Authors Preface. 



To members of the legal profession who are at all interested in 
schools, this little work will be found convenient at least. To all 
others it will be found more or less instructive. It is sent out, how- 
ever, on a higher mission, for which it has with great care been ex- 
pressly prepared, and which is explained elsewhere. For giving 
to the public a handsome little volume full of useful and reliable 
information and at a low price, no apology is deemed necessary. 

The school-girl gathers flowers in the garden or on the wayside, 
and makes a bouquet ; the author gathers facts wherever he can 
find them, and makes a book. If the bouquet is beautiful and the 
book useful, it is enough. Had the flowers been of the girl's own 
manufacture, the bouquet would have been without fragrance ; and 
had the book contained but the ideas, opinions*, and theories of the 
author, it might have been worthless. Theories that have been 
proved, facts that have been established, and laws that have been 
authoritatively explained — these are better material for a book, if 
properly arranged, than would be thoughts of the author's own 
coining, even though he may be " wise in his own conceit." Be- 
sides, to make use of the language of others is but to back opinion 
by authority. 

New-Yoke, January, 1867. 



J-Iear the Children Pleading. 



i. 

"Give us light amid our darkness, 
Let us know the good from ill ; 
Hate us not for all our blindness : 
Love us, lead us, show us kindness, 
You can make us what you uill." 



We are willing, we are ready; 

We would learn, if you would teach 
We have hearts that yearn to duty; 
We have minds alive to beauty ; 

Souls that any height can reach." 



THE 



LAWYER IN THE SCHOOL-ROOM 



CHAPTER I. 

OF SCHOOLS, SCHOOL SYSTEMS, AND GOVERNMENTS. 

Sec. 1. China. — In no country of the world is educa- 
tion so general as in China. The course of instruction 
begins in the family, where the boys are taught to enu- 
merate objects, to count to the number of ten thousand, 
and to reverence their parents and ancestors by a minute 
ceremonial. At the age of five or six years they are 
sent to school. On entering the hall the pupil makes 
obeisance first to the holy Confucius, and then to his 
master. A lesson learned in grammar, history, ethics, 
mathematics, or astronomy, according to the proficiency 
of the student, is followed by the morning repast ; after 
which the day is spent in copying, learning by heart, 
and reciting select passages of literature. Before de- 
parture in the evening, a part of the pupils relate some 
events of ancient history, which are explained by the 
master ; others unite in singing an ancient ode, which 
is sometimes accompanied by a symbolic dance. They 



8 VF SCHOOLS, SCHOOL SYSTEMS, 

leave the hall with the same obeisances with which they 
enter it, and on reaching home, reverentially salute the 
domestic spirits, and their ancestors, parents, and rel- 
atives. A higher course of instruction is provided in 
universities under the surveillance of the state. One of 
these exists in most of the large cities, and the most 
advanced of them is the imperial college in Pekin. 
Though the government seems to foster directly only 
the higher branches, by supporting colleges in the large 
cities and provincial capitals, while the primary schools 
are sustained only by municipalities or individuals, the 
knowledge of reading, writing, and arithmetic is all but 
universal. The rules and regulations for the education 
of children and the prosecution of studies laid down in 
the book of rites are excellent, notwithstanding their 
great minuteness. Distinction in public life is attained 
only by scholarship. There are four literary degrees. 
The examinations which the asjrirants to public honors 
have to pass are very severe. The unsuccessful candi- 
dates are numbered by hundreds of thousands. The 
education of girls is neglected, but the daughters of the 
wealthy are generally taught to read, write, siug, and 
sometimes to make verses. Literary attainments, how- 
ever, are considered creditable to a woman, and the num- 
ber of authoresses is by no means small. The daughters 
of learned men are instructed in music, poetry, elocution, 
etc. No religion is taught in the common schools. The 
stress that is laid upon an education in China by the 
government can hardly be exaggerated. As has been 



AND GOVERNMENTS. 

stated, all persons who can not pass the several examina- 
tions and finally obtain the highest degree of scholarship 
attainable in the schools are forever shut out from par- 
ticipating in the public honors of the empire. But 
when this degree is once attained by a person, no matter 
how low may have been his origin, he is regarded with 
veneration by the people, and is eligible to the highest 
office in the state. It is easily seen, therefore, how so 
great a veneration for learning has come to be enter- 
tained by the people, and how the government contrives 
to secure the advantage of a common school education 
to all, without directly contributing toward their main- 
tenance and support. (N. A. Cyc.) 

But a common school education or even a collegiate 
education, which means only the acquisition of a certain 
amount of dry knowledge, and in which all the finer feel- 
ings of our nature are left undeveloped, is so much less 
than what ought to be accomplished in the process of 
educating that it is far from being satisfactory, to say 
the least. It is the business of education not only to 
transmit and interpret to the new generation the ex- 
perience of the past, and thereby enable each successive 
generation to increase and improve this inheritance, and 
to bring up the citizens in the spirit of the government ; 
but there is a higher and nobler duty for. education to 
perform. It must enlarge the affections ; control, with- 
out smothering, the emotions ; subdue the passions ; and 
eradicate, so far as is in its power, the wrong propensi- 
ties ; it must watch with ceaseless vigilance for the first 



10 OF SCHOOLS, SCHOOL SYSTEMS, 

appearance of pride, obstinacy, malice, envy, vanity, cruel- 
ty, revenge, anger, lying, and their kindred vices, and, 
by steadfast and unwearied assiduity, it must strive 
to extirpate them before they have gained firmness by 
age or vigor by indulgence. (Wayland.) Whether the 
Chinese system of education meets with commendable 
success in accomplishing these essential ends of every 
useful system of human development or not, it is 
hardly safe to say. Our knowledge of China and the 
Chinese is not by any means perfect as yet. A country 
seven times as large as France, containing nearly half 
the inhabitants of the globe, and having more densely 
crowded and populous cities than any other country on 
the face of the earth : a country, nevertheless, in which 
street-fights, assaults, and murders are almost unknown ; 
where the violent and gladiatorial sports of what are 
sometimes thought more civilized countries are held in 
contempt ; where duels are utterly unknown, and a re- 
sort to force is considered a proof of an inferior kind of 
civilization ; where women are not allowed to cast off the 
natural modesty of the sex and follow the brazen if not 
profligate life of the stage performer ; where some of the 
most excellent moral precepts known to modern times 
have been universally inculcated from a period far ante- 
rior to the Christian era ; where are found the oldest of 
all known books, and a literature the most ancient, most 
consistent, most varied, and most voluminous of all : a 
people with an uninterrupted history running back for 
nearly five thousand years, (2207 B.C.,) and an empire 



AND GOVERNMENTS. \\ 

that would seem to have been founded so long ago as 
2650 b.c, but which at all events has existed longer 
than any other empire, government, or principality since 
the world began : a country with such a history, and of 
such a character, ought not to be judged and condemned 
by the character and conduct of its cast-off adventurers 
who come to our distant shores perhaps as fugitives 
from justice. Nor should we give credit to all the state- 
ments of those few learned Europeans who have had a 
glimpse of the edge of the Chinese character, and no 
more, but who have nevertheless assumed to tell us all 
about the Celestial Empire. Men of great learning are 
notoriously unfit for the freedom and familiarity which 
alone afford an acquaintance with the every-day man- 
ners and customs of a people. They can thoroughly ex- 
amine manuscripts, books, libraries, systems of educa- 
tion, and forms of government, and on these subjects we 
may safely credit them ; but when they begin to speak 
of the Chinese mind, character, and habits, except as 
these appear in the laws and literature of their country, 
then it may be well to doubt, and to ask what facilities 
each individual writer had for observation, how well he 
was calculated by nature to improve these facilities, and 
how he did actually improve them. Most foreigners, 
especially if they do not understand our language, have 
to be in our country a long time before they can fully ex- 
plain our government, our laws, our habits, our manners, 
our virtues, and our vices. It is an easy thing for some 
writers to imagine that they have seen all in seeing one, 



12 OF SCHOOLS, SCHOOL SYSTEMS, 

and there are those even who, seeing many, see none cor- 
rectly. TVe have, therefore, come to the conclusion that 
our knowledge of China and the Chinese is as yet too 
imperfect to justify us in condemning the Chinese system 
of education, as some very learned men have heretofore 
done. 

The Chinese are proud of their country and of their 
civilization, which was already flourishing at a time 
when the Christian nations were still hidden in the dark- 
ness of barbarism. This national pride comes, at least, as 
naturally to them as to those nations whom we are wont 
to call civilized. Considering that China contains near- 
ly one half the population of the globe, and that the 
kingdoms or empires constituting the so-called "great 
powers " can, in point of territorial extent and popula- 
tion, scarcely compare with single provinces of the Chi- 
nese empire : considering, also, that with the exception of 
steam-engines and electric telegraphs, there is scarcely 
any great invention of modern times which has not been 
in use among the Chinese for many centuries ; that pop- 
ular education is more general and the social structure 
more firmly settled there than in any other country: 
when these facts are duly considered, the apparent over- 
bearing demeanor and narrow-mindedness of the Chinese 
in regard to foreigners may not appear in altogether so 
unfavorable a light, especially since we ourselves are so 
apt to assume a superiority over, and to regard with a 
certain kind of contempt, most foreigners who come 
among us. It is probable that a more intimate inter- 



AND GOVERNMENTS. 13 

course with the Chinese would materially modify the un- 
favorable impression of them which now so generally 
prevails among Christian nations. " Their civilization," 
says Ritter, "has been developed under peculiar forms 
and influences, and must be compared to, rather than 
be judged by, that of Europeans ; the dissimilarity is 
as wide, perhaps, as can possibly exist between two 
races of beinors havino; the same common nature and 

CD CD 

wants. A people by whom some of the most important 
inventions of modern Europe were anticipated, (such as 
the compass, porcelain, gunpowder, paper, printing,) and 
were known and practiced many centuries earlier ; who 
probably amount to more than 400,000,000, united in one 
sj^stem of manners, letters, and policy ; whose cities and 
capitals rival in numbers the greatest metropolises of 
any age ; who have not only covered the earth but the 
waters with towns and streets ; such a nation must occu- 
py a conspicuous place in the history of mankind, and 
the study of their character and condition commends 
itself to every well-wisher of his race." There is no na- 
tion of Europe that is any thing more than a pigmy by 
the side of China. England leads all other European na- 
tions in commerce ; but there is a greater amount of ton- 
nage belonging to the Chinese than to all other nations 
combined. Prussia is supposed to have one of the best 
educational systems in Europe; but there is no school 
system in Europe that has stood the test of two hundred 
years even, and the Chinese system has stood the test of 
more than two thousand years. The Chiuese are not a 



14 OF SCHOOLS, SCHOOL SYSTEMS, 

fighting people, and consequently in the Christian art 
of killing men they are doubtless behind the age. Al- 
though our knowledge of them is not perfect, we think 
it safe to attribute to their system of education their 
great adhesiveness, prosperity, and importance as a peo- 
ple, and their wonderful stability, antiquity, and consist- 
ency as a nation. 

Sec. 2. Ancient Egypt, the land of luxury, letters, and 
libraries, was a government good in many respects, but 
without a system of schools for the people, and it long 
since passed away. Persia, the land of flowery fancy 
and princely profligacy, occasionally had a ruler who 
placed great stress upon the proper education of his own 
children, and thus a Cyrus was given to history; but 
the Persian empire was a government without a system 
of education for the people, and it fell to pieces so long- 
ago that it is hardly mentioned now except in ancient his- 
tory. Even the Hebrew nation, God's chosen people, not- 
withstanding all that has been said and written about 
" the schools of the prophets," had, as a nation, no schools 
and no school system worthy of the name. The " stiff- 
necked " fathers were indeed commanded to teach the law 
to their children ; but so far as we know, they did this with- 
out supervision and in their own way, if at all. So from 
generation to generation, notwithstanding the good men 
God sent among them, they were a " stiff-necked and re- 
bellious people." And the illustrious throne upon which 
sat David and Solomon, even this fell because it was not 
supported by a system of national education for the peo- 






AND GOVERNMENTS. 15 

pie. There were in Greece great philosophers and 
schools, but they were entirely independent of and sep- 
arate from the machinery of government. The spirit of 
inquiry and the thirst for knowledge that might have 
been turned to the state's advantage and secured its sta- 
bility was left to individual enterprise ; so there was no 
harmony of thought, no unanimity of purpose, and the 
Grecian republics have long since disappeared from the 
catalogue of nations. Even the once mighty and j)ow- 
erful Rome was left to the same chance, and her " de- 
cline and fall " may be attributed to the same cause. In 
no country of antiquity, except China, was there any 
governmental scheme for the education of all classes. 
Sparta under Lycurgus came near to it, but the educa- 
tion imparted by the state was mainly physical, and did 
not reach the peasant classes. The bishops and clergy 
were the first in Europe to recognize the duties of the 
authorities to educate the young. The Council of Vai- 
son (a.d. 529) recommended the establishment of pub- 
lic schools. In 800 a synod at Mentz ordered that the 
parochial priests should have schools in the towns and 
villages, that "the little children of all the faithful 
should learn letters from them." A council at Rome 
in 836 ordered that there should be three kinds of 
schools throughout Christendom. The Council of Lat- 
eran in 1179 ordained the establishment of a grammar 
school in every cathedral, for the gratuitous instruction 
of the poor. This ordinance was enlarged and enforced 
by the Council of Lyons in 1245. Thus originated the 



16 OF SCHOOLS, SCHOOL SYSTEMS, 

European and American popular or common schools a? 
an outgrowth of the Christian Church. Martin Luther, 
amid his arduous and anxious labors, found time to do 
good service to the cause of popular education. In 1524, 
he wrote " an address to the common councils of all the 
cities of Germany in behalf of Christian schools," in 
which occurs the following passage : " It is a grave and 
serious thing, aflecting the interest of the kingdom of 
Christ, and of all the world, that we apply ourselves to 
the work of aiding and instructing the young. If so 
much be expended every year for weapons of war, roads, 
dams, and countless other things of the sort for the 
safety and prosperity of a city, why should not we ex- 
pend as much for the benefit of the poor, ignorant youths 
to provide them with skillful teachers ?" In 1526, he wrote 
to the Elector of Saxony as follows : " Since we are all 
required, and especially the magistrates, above ail other 
things, to educate the youth who are born and are grow- 
ing up among us, and to train them up in the fear of God 
and in the ways of virtue, it is needful that we have 
schools. If the parents will not reform, they must go 
their way to ruin ; but if the young are neglected and 
left without education, it is the fault of the state ; and 
the effect will be that the country will swarm icith vile 
and lawless people ; so that our safety no less than the 
command of God requireth us to foresee and ward off 
the evil." He asserts, also, that the government, " as the 
natural guardian of all the young," has the right to com- 
pel the people to support schools. " What is necessary 



AND GOVERNMENTS. \>j 

to the well-being of a state," said he, " should be sup- 
plied by those who enjoy the privilege of such state. 
Now, nothing is more necessary than the training of 
those who are to come after us and bear rule." The mag- 
nificent organization of schools to which Germany owes 
so much of her present fame is clearly the legitimate 
result of the labors of Luther. 

Before the kingdom of Prussia existed, except as the 
Mark of Brandenburg, (1540,) visitors were appointed to 
inspect the town schools of the electorate, with express 
directions to report in relation to the measures deemed 
necessary for their improvement. Other action was 
taken afterward in the same direction; and when the 
kingdom of Prussia was established, the duty of the 
state to take care of and provide for the education of its 
rising generation became one of the main foundation 
principles of the government. Prussia, we believe, was 
the first government in Europe founded on this princi- 
ple, which has since been adopted by all of them, except, 
perhaps, England. The schools in Austria are sectarian, 
and consequently not more than half the children in the 
empire attend them. In Sweden, for nearly two hun- 
dred years, the ability to read and write has been indis- 
pensable to the assumption of the functions of citizenship. 
Elementary education is universal in Sweden. England 
i3 well supplied with institutions for secondary and su- 
perior education, and for the promotion of science, liter- 
ature, and the arts ; but all these are supported chiefly by 
tuition fees, private contribution, or ancient endowments. 



18 OF SCHOOLS, SCHOOL SYSTEMS, 

There is a dense mass of popular ignorance upon which 
these institutions shed no light, except to make the dark- 
ness more visible by contrast. The neglect of the gov- 
ernment to provide schools for the masses has filled 
England with the most brutal and ignorant populace in 
Europe. In 1851, the returns of 708 schools were signed 
by the master or mistress with a mark, the teacher not 
knowing how to write ; these were what are called " in- 
ferior schools.'* But the same strange, fact occurred in 
the returns of thirty-five public schools, most of them 
having endowments. 

Sec. 3. The various plans adopted by governments 
for fostering education are reducible into four general 
classes, which we will call the Chinese, the Hebrew, 
the Prussian, and the American. I. The Chinese plan 
consists in establishing a system of excellent graded 
schools, and making it necessary to pass through all 
the grades with honor in order to acquire eligibility to 
office in the state. The direct results of this plan are : 
(1.) to make a thorough education absolutely necessary to 
every one who would share in the honors and emolu- 
ments of the government; (2.) to secure for government 
officials men who are all highly and similarly educated ; 
and (3.) to make education a high honor in itself, and an 
acknowledged badge of superiority as well as a social 
and political advantage. The Chinese educational sys- 
tem embraces a most complete course of eminently na- 
tional instruction, and is made to stand out in bold prom- 
inence, so that it may strike the minds of all in such a 



AND GOVERNMENTS. 19 

way as to leave a definite, forcible, and lasting impres- 
sion. It carefully avoids all vexed questions, such as re- 
ligion, for example ; and without taking upon itself the 
championship of any thing that might prejudice any class 
against it, it marshals all its forces and advances only 
for the accomplishment of its own purposes. It does not 
choose to lessen its importance or waste its energies by 
dividing its honors and multiplying its objects, but ad- 
heres faithfully to its legitimate aims ; and the result is 
the most stable government, and perhaps the greatest, 
that has ever appeared upon the face of the earth. II. 
The Hebrew plan was to establish a government with- 
out a system of education, or to establish a religion and 
apply the whole force of the government to the support 
of it. Some of the Hebrews were unquestionably 
learned, and others of them may have been ; but there 
was nothing in their laws or government, and there is 
nothing in their history, to lead us to suppose that their 
government as such, or they as a people, gave any 
prominence to education, in the sense in which the term 
is now used. They seem to have left the science of hu- 
man development to take care of itself, or to " private 
enterprise" or "free competition," as in England. The 
most liberal and comprehensive minds of England, see- 
ing a warning in the history of other nations, have for a 
long time been urging upon the government the import- 
ance of a national system of public schools. But what 
these men desire and demand is a system of schools 
which shall be free from sectarianism ; a thing which is 



20 OF SCHOOLS, SCHOOL SYSTEMS, 

certainly most desirable, but which is not to be easily 
obtained from a government with an established church. 
III. The Prussian educational system is purely govern- 
mental, emanating solely from a minister of instruction 
immediately dependent on the crown. The universities, 
the gymnasia, and the primary schools are all under laws 
and regulations which proceed respectively from the 
crown, from the provincial government, and from the 
communes. Every child in the kingdom is obliged, under 
pains and penalties, to attend school at least from the 
age of seven to that fourteen ; and the result is, that the 
Prussian people are efficiently educated throughout the 
entire community, and that the universities send forth a 
large body of highly educated men. This scheme has 
given to Prussia some prominence as a nation, and it has 
to a considerable extent nationalized the people. But 
there would seem to be something still wanting; for, 
notwithstanding their vast and powerful machinery for 
popular instruction, the Prussians have not taken a lead- 
ing part in civilization. Horace Mann supposed that 
this partial want of success in the Prussian school sys- 
tem arose from the fact that when the children once 
leave school they have few opportunities of applying the 
knowledge or exercising the faculties which have been 
acquired and developed there. This, however, is only 
the result of the cause, and not the cause itself. A gov- 
ernment that reserves its highest honors for a privileged 
aristocracy, and at the same time forces the young to 
attend its schools, not for their advantage, but for the 



AND GOVERNMENTS. 21 

advantage of the government and its favorites, may be 
able to boast that all its people can read, write, and 
cipher; but at the same time it must admit that, while 
bestowing this limited amount of knowledge, it carefully 
smothered or crushed in them all their hopes, so natural 
to youth, for distinction. In a government having an 
hereditary aristocracy, people of humble origin are pur 
posely kept in obscurity ; and they have, and can have, 
but few, if any, incentives for distinguished zeal. In 
such a government, those who have the misfortune to 
be born lowly can by no efforts of theirs change their 
status, unless, indeed, it be from bad to worse, for ambi- 
tion there is treason. A people with their natural in- 
stincts and ideas thus dwarfed, and thus forbidden to 
give birth to new hopes or new aspirations, could hardly 
be expected to take a leading part in civilization. Nor 
could they be expected to carry out of the school-room 
any particular fondness for the education which they may 
have received there. The Prussian system of education 
is defective because it does not impart new hopes and de- 
sires to the young ; and because it is defective in this re- 
spect the Prussians have not taken a leading part in civil- 
ization. IV. The plan which we have called the American 
plan is that system of education which has been gener- 
ally adopted in the United States. It is quite different 
from any thing that has yet been explained. There is no 
other country in the world which contains a population 
composed of such heterogeneous elements as this. The 
character of the original settlers has left its impress to a 



22 OF SCHOOLS, SCHOOL SYSTEMS, 

certain extent upon their descendants, though in many- 
parts of the country all such distinctive traces have been 
obliterated by the streams of subsequent immigration 
from all parts of the world. The form of government, 
too, is peculiar. There are really as many governments 
as there are separate States ; but these for certain pur- 
poses are bound together, by a perpetual league, into one 
general government. " The powers not delegated to the 
United States by the Constitution, nor prohibited by it 
to the States, are reserved to the States respectively or to 
the people." (Const, of IT. S. art. 10, Amend.) The 
general government does not seem to have been charged 
or intrusted with the education of the people. It is, 
however, authorized "to promote the progress of science 
and useful arts, by securing for limited times to authors 
and inventors the exclusive right to their respective writ- 
ings and discoveries." (Const, of U. S. art. 1, sec. 8, 
subd. 8.) But the very first principle of many which was 
enunciated by the delegates of the American people, 
when they met to take the first step toward forming 
a general government, and the one which seems most 
likely to control the action and shape the destiny of the 
republic, was, that " all men are created equal." After- 
ward, in forming a constitution for their government, 
the people, mindful of the history of other nations, re- 
fused to permit the general government to constitute or 
establish a privileged class among them. " No title of 
nobility shall be granted by the United States." (Const, 
of U. S. art. 1, sec. 9, subd. 1.) Thus secured in their 



AND GOVERNMENTS. 23 

reserved rights, the people of each State have a govern- 
ment of their own, a State legislature, for the enactment 
of such laws as they may deem necessary for the full 
enjoyment of their rights, and as are not in conflict 
with the constitution of the general government. The 
right to educate the people was not delegated to the gen- 
eral government, consequently this right remains with 
the people of the several States, and is exercised by 
them, if at all, in their legislatures. There has been 
much legislation in the several States on this subject. 
All of them have felt it their duty to encourage educa- 
tion in some way. In many of them a most liberal and 
efficient system of free schools is established, and this 
will doubtless soon be the case in all. These schools are 
in the main well conducted, and kept entirely free from 
sectarianism. The attendance is rarely compulsory, as 
in Prussia; nor can the teachers incite their pupils to 
greater exertion by reminding them that, if they pass 
through all the degrees with honor, the government will 
reward and the people will venerate them, as in China. 
But in all these schools the pupils are taught that a 
good education is its own reward ; that with it happi- 
ness, wealth, honor, and political preferment are all possi- 
ble ; while without it a person labors under a thousand 
disadvantages, no matter what he undertakes, all his life 
long; and he will be fortunate indeed if he is not often 
the object of ridicule and contempt. The pupils are re- 
minded that, if they will but make themselves competent 
and worthy to hold office, even the highest offices and 



24 OF SCHOOLS, SCHOOL SYSTEMS, 

honors in the government may be enjoyed by them. In 
a word, the teachers take the young minds as they find 
them, and fill them with the hopes, the desires, and the 
asj)irations of educated and refined gentlemen, or at least 
such is what they are expected to do. The girls are 
trained and taught similarly. They are filled with all 
the ideas, tastes, and aspirations that are becoming to a 
true womanhood. Both boys and girls are taught not 
that they must go to school because the state wants to 
nationalize them, as in Prussia, but that they ought to 
go to school for their own good, as well as for the honor 
and prosjDerity of the state. Except in one or two 
States, they are not warned that they will be deprived of 
exercising the functions of citizens, as in Sweden, unless 
they have a certain amount of education ; but their edu- 
cation is liberally provided for by the State, and they are 
sent by fond parents to intelligent teachers, whose duty 
it is to awaken their young minds to a proper sense of 
their several duties, and to a full realization of what 
they may by zealous efforts reasonably hope to achieve. 

" Lives of great men all remind us 
We can make our lives sublime ; 
And, departing, leave behind us 
Footprints on the sands of time." 

Whether the Chinese plan of giving office and honors 
to the thoroughly educated only, or the American plan 
of giving to the educated no honors or rewards except 
such as they earn for themselves outside of the schools, 



AND GOVERNMENTS. 25 

is the better one, remains for time to decide. The Chinese 
plan would seem, at least, to have given stability to 
the government ; but this would also seem to be one of 
the results of the American plan, for not a single State 
that had any thing worthy of the name of a system of 
public instruction participated in the recent rebellion. 
Louisiana might be excepted ; but her system was not 
long in operation before the troubles began, and con- 
sequently it can not be blamed for what followed. 
Education is the cheap defense of nations. 

Sec. 4. Governments for the most part have not been 
framed on models. Their parts and their powers in 
general grew out of occasional acts, prompted by some 
urgent expediency or some private interest, which in 
the course of time coalesced and hardened into usages. 
These usages became the object of respect and the guide 
of conduct long before they were embodied in written 
laws. Governments are but societies of men united to- 
gether to procure their mutual safety and advantage ; 
and as these men make laws by which they are them- 
selves to be governed, they naturally make such laws as 
will accord as nearly as possible with their own manners 
and tastes. And this is not only the natural but the 
necessary course for them to pursue. For it is a maxim 
in the science of legislation and government that laws are 
of no avail without manners. That is to say, the best 
intended legislative provisions can have but little bene- 
ficial effect at first, and none at all in a short time, 
unless they are congenial to the disposition and habits, 



26 OF SCHOOLS, SCHOOL SYSTEMS, 

the religious prejudices, and the approved immemorial 
usages of the people for whom they were enacted. The 
blind prejudices, idiosyncrasies, and vices of each par- 
ticular people, as well as their advance in civilization, 
general intelligence, and state-craft, are easily ascertain- 
able from an examination of their laws. A wise govern- 
ment wishes to provide against the perpetuation of 
any thing that may be in its organic laws having a ten- 
dency to vice or weakness. Consequently the most suc- 
cessful, promising, and enlightened governments of the 
present day, while they despair of materially altering the 
manners or reforming the habits of the older members 
of society, have a tender care for the rising generation, 
and zealously endeavor to teach them, at an early age, the 
manners and principles which are thought to be most 
conducive to the happiness of the citizen and the prosper- 
ity and perpetuity of the state. In the natural course of 
things, all those who, by the laxity or depravity of their 
moral instincts, or by the arrogance of spiritual pride, the 
vagaiies of undisciplined imaginations, and the extrava- 
gances to which badly balanced intellects may be led in 
the pursuit of ultimate principles, are working injury to 
the state, will soon be numbered only with the dead ; and 
it were well if their evil manners and principles were bur- 
ied with them. Obstinate manhood may blindly adhere 
to its old idols, but the reaper will come by and by ; and 
it is to be hoped that the idolater and his brazen images 
will be carried away together, in order that purer shrines 
may be reared and nobler objects adored by those who 



AND GOVERNMENTS. 27 

are to come after. Toward the accomplishment of this 
great end — the symmetrical development of the intellec- 
tual powers and the purification of the manners of the 
masses — no one can do more than the intelligent and con- 
scientious teacher. To refine manners, develop thought, 
and fill young souls with noble aspirations is the every- 
day duty of his high calling. He is intrusted by the 
state with one of its most tender cares, and it looks to 
him almost wholly for the accomplishment of what is 
really its highest and noblest ambition — the formation of 
minds such as will enhance its society, perfect its laws, 
and adorn its history. To this end it contributes largely 
from the public funds, builds a comfortable school-house 
in every one of its neighborhoods, carefully selects from 
its most exemplary and intellectual young men and wo- 
men a teacher for each, and then opens the doors to all 
equally, showing no partiality and making no distinc- 
tions, but inviting all to come and enjoy without money 
and without price. And now, after all this tender solici- 
tude and generous profusion, the state lacks no confi- 
dence in its teachers ; but, placing an implicit faith in 
their zeal, it takes a calm survey of the coming centuries, 
and beholding generation after generation, it rejoices 
that each successive one will be wiser, better, and hap- 
pier than the preceding. 



CHAPTER II. 

OF RELIGION IN SCHOOLS— AS THE LAW WAS. 

" True religion 
Is always mild, propitious, and humble ; 
Plays not the tyrant, plants no faith in blood ; 
Nor bears destruction on her chariot-wheels : 
But stoops to polish, succor, and redress, 
And builds Tier grandev/r on the public good." 

Sec. 1. In England, in the time of Charles II., all per- 
sons were prohibited from teaching school, " unless the y 
be licensed by the ordinary, and subscribe a declaration 
of conformity to the liturgy of the Church, and reverently 
frequent divine service established by the laws of this 
kingdom." (13 and 14 Car. II. c. 4; 17 Car. II. c. 2.) 
This was the same Charles from whom Roger Williams 
obtained the charter for Rhode Island. No dissenter 
shall hold the mastership of any college or school of 
royal foundation since 1 Will, and Mary. (19 Geo. III. 
c. 44 ; 1 Mod. 3.) A schoolmaster must be licensed by the 
bishop, and may be punished in the spiritual courts for 
keeping a school without a license. (Matthews v. Bur- 
dett, 3 Salk. 318.) It is not our purpose to explain the 



OF RELIGION IN SCHOOLS. 29 

law of England fully on this subject, but merely to show 
what it was up to a particular time. This object is now 
accomplished. 

Sec. 2. " Congress shall make no law respecting the 
establishment of religion, or prohibiting the free exer- 
cise thereof." (TJ. S. Const, art. 1 of Amend.) It 
would seem to follow from this, that any State may es- 
tablish a religion, and cause the same to be taught in its 
schools ; for, if Congress can make no law respecting the 
establishment of religion, it can make no law prohibiting 
the establishment of it. It is entirely within the power 
of the several States, therefore, to establish a religion 
for themselves or not, just as they may deem proper. It 
follows, also, that a State may establish a religious test 
for teachers ; and this may be done for teachers of private 
as well as of public schools. Whether any thing of this 
kind has been done is a question which can be answered 
only after a careful examination of the laws of the sev- 
eral States. Believing it to be of the utmost importance 
that teachers should know precisely what is and is not 
required of them by law in matters of religious concern- 
ment, upon which the consciences of men everywhere are 
so tender, and which are so fruitful in likes and dislikes, 
disputes and contentions, we will now proceed to ex- 
plain the law of the several States on this point, and at 
the same time give a legal history (gleaned from law 
records only) of the origin and progress of religious 
liberty in our country. 

Sec. 3. In Massachusetts, our pious Pilgrim fathers 



30 OF RELIGION IN SCHOOLS, 

thought it their duty, in founding a state, to make tne 
weak in faith sound by fear, and enacted as follows : " If 
any person within this jurisdiction shall broach and 
maintain any damnable heresies, as denying the immor- 
tality of the soul or the resurrection of the body, or any 
sin to be repented of in the regenerate, or any evil to be 
done by the outward man to be accounted sin ; or shall 
deny that Christ gave himself a ransom for our sins ; or 
shall affirm that we are not justified by his death and 
righteousness, but by our own merit ; or shall deny the 
morality of the fourth commandment ; or shall openly 
condemn or oppose the baptism of infants; or shall 
purposely depart the congregation at the administra- 
tion of the ordinance of baptism ; or shall deny the 
ordinance of magistracy, or their lawful authority to' 
make war and peace, and to punish the outward breaches 
of the first table ; or shall endeavor to seduce others to 
any of these opinions — every such person, lawfully con- 
victed, shall be banished this jurisdiction. JVo school- 
master shall be admitted who is unsound in the faith." 
(Plant. Laws, 1704, pp. 44, 45, 89.) These laws seem 
to have been made in 1646, about ten years after the ban- 
ishment of Roger Williams, the irrepressible advocate of 
religious liberty. The Rev. Roger Williams was an 
Englishman of high standing, not only in his native 
country, but in the wilds of America, In 1631, dislik- 
ing the formalities of the Church of England, he seceded 
from it and joined himself to the Dissenters, and fled to 
this country to avoid the persecutions that then raged 



AS THE LAW WAS. 31 

violently in England; civil and religious liberty were 
then strangers in New-England, and Mr. Williams advo- 
cated them with an intrepidity that awakened the atten- 
tion of the more rigid of the opposition and of many of 
his friends. On his arrival in this country, he first lo- 
cated himself at Boston, but at the time of his trial re- 
sided at Salem, where he had the charge of a large 
church and congregation, who esteemed him for his 
strong powers of mind, highly cultivated ; his purity of 
character as a Christian teacher ; for his liberal and en- 
larged views on the subject of civil and religious liberty. 
With his accustomed pious frankness, he did not hesitate 
to advance his sentiments unreservedly, and denied the 
right of the civil magistrates to govern or legislate on ec- 
clesiastical affairs. (Winthrop.) Which soon caused him 
to be arraigned, and he was, in October, 1635, tried and 
sentenced to banishment from the colony. But the court 
who had so unjustly banished him, still possessing too 
much of the milk of human kindness to drive Mr. Wil- 
liams at that season of the year, with his family, into the 
wilderness at the mercy of the savages, gave him liberty 
to remain in the colony until the next spring, upon con- 
dition that he should not disseminate his doctrines and 
opinions to their citizens ; which favor he gladly ac- 
cepted, and remained there until the January following ; 
when he was informed that his accusers were about to 
send him back to his persecutors in England. He there- 
fore forthwith made his escape from Salem, in the midst 
of winter, and fled to the Indians in Rhode Island, where 



32 OF RELIGION IN SCHOOLS, 

he was kindly and favorably received by the chief 
sachem of Mount Hope, who made him a grant of a val- 
uable tract of land at SecunJc / but even on this favored 
lot of his refuge he was not long suffered to remain, but 
was ordered by the colonists to cross the river, they 
claiming the lands upon which he was then located as 
belonging to the colony of Massachusetts. He accord- 
ingly in the spring (with his servant) crossed the river, 
where he once more planted himself, and laid the foun- 
dation of the present city of Providence, where he 
resided many years, an instrument in the hands of the 
Lord to protect the lives, liberty, and property of his 
persecutors in the colony from which he was banished ; 
from the seal ping-knife and tomahawk of the ruthless 
savages, over whom he had gained an influence and 
control by his kindness to them. He alone was enabled 
to conciliate the angry passions and revengeful disposi- 
tions of the Indians about him, and save the massacre of 
the Massachusetts colonists. Mr. Williams, soon after 
he formed his colony at Providence, became law-giver 
and minister to his infant colony, and formed his consti- 
tution upon the broadest principles of civil and religious 
liberty and equal rights, and was the first governor in 
North-America " who held liberty of conscience to be the 
birthright of man." (Blue Law, pp. 67, 68.) "Whereas 
Mr. Roger Williams, one of the elders of the church of 
Salem, hath broached and divulged divers new and dan- 
gerous opinions against the authority of magistrates, as 
also written letters of defamation both of magistrates 



AS TEE LAW WAS. 



33 



and churches here, and that before any conviction, and 
yet maintaineth the same without retraction : It is there- 
fore ordered, that the said Mr. Williams shall depart 
out of this jurisdiction within six weeks now next ensu- 
ing, which, if he neglects to perform, it shall be lawful 
for the governor and two of the magistrates to send him 
to some place out of this jurisdiction, not to return any 
more, without license from the court." (Mass. Records, 
1635.) " Richard Waterman being found erroneous, heret- 
ical, and obstinate, it was ordered that he should be de- 
tained prisoner till the quarter court in the seventh 
month, unless five of the magistrates find cause to send 
him away, which if they do, it is ordered, he shall not 
return within this jurisdiction upon pain of death." 
(Mass. Records, 1644.) The numerous cases of banish- 
ment for heresy upon those ancient records recall to our 
mind the following remark of a learned theologian : " To 
banish, imprison, starve, hang, and burn men for their 
religion is not the gospel of Christ, but the gospel of the 
devil. Where persecution begins, Christianity ends ; and 
if the name of it remains, the spirit is gone." (Jortin.) 
About 1657 it was ordered, that if any Quaker or Qua- 
kers shall presume, after they have once suffered what 
the law requireth, to come into this jurisdiction, every 
such male Quaker shall, for the first offense, have one of 
his ears cut off, and be kept at work in the house of cor- 
rection till he can be sent away at his own charge ; and 
for the second offense, shall have the other ear cut off, 
and be kept at the house of correction, as aforesaid. 



34 OF RELIGION IN SCHOOLS, 

And every woman Quaker, that hath suffered the law 
here, that shall presume to come into this jurisdiction, 
shall be severely whipped, and kept at the house of cor- 
rection at work till she be seut away at her own charge ; 
and so also for her coming again, she shall be alike used 
as aforesaid. And for every Quaker, he or she, that 
shall a third time herein again offend, they shall have 
their tongues bored through with a hot iron, and be kept 
at the house of correction, close at work, till they be sent 
away at their own charge." 

Sec. 4. In Connecticut, in 1642, the following laws 
were established: " 1. If any man, after legal convic- 
tion, shall have or worship any other god but the Lord 
God, he shall be put to death. 2. If any man or woman 
be a witch — that is, hath or consulteth with a familiar 
spirit — they shall be put to death. 3. If any j}erson 
shall blaspheme the name of God the Father, Son, or 
Holy Ghost, with direct, express, presumptuous, or high- 
handed blasphemy, or shall curse God in the like manner, 
he shall be put to death." In about 1655, the following 
laws were in force: "1. If any person turn Quaker, he 
shall be banished, and not suffered to return upon the pain 
of death. 2. No priest shall abide in this dominion: 
he shall be banished, and suffer death on his return. 
Priests may be seized by any one, without a warrant. 
3. No man shall hold any office, who is not sound in the 
faith ; whoever gives a vote to such person shall pay 
a fine of one pound sterling, and for a second offense 
he shall be disfranchised. 4. No Quaker, or dissenter 



AS THE LAW WAS. 



35 



from the established worship of this dominion, shall be 
allowed to give a vote for the election of magistrates or 
any officer. 5. No food or lodging shall be afforded to 
a Quaker, Adamite, or other heretic. 6. No one shall 
run on the Sabbath-clay, or walk in his garden or else- 
where, except reverently to and from meeting. 1. No 
one shall travel, cook victuals, make beds, sweep house, 
cut hair, or shave on the Sabbath-day. 8. No woman 
shall kiss her child on the Sabbath or fasting-day. 9. No 
minister shall keep a school." It is said by Peters, 
in his History of Connecticut, that these laws were 
the laws made by the people of New-Haven, previous to 
their incorporation with Saybrook and Hartford colonies, 
and were, as he says, very properly termed " blue laws," 
that is, bloody laws ; for, he adds, they were all sanctified 
with excommunication, confiscation, fines, banishment, 
whipping, cutting off the ears, burning the tongue, and 
death. We do not reproduce these laAvs with pleasure, 
and have given only as many as seemed necessary to 
convey a proper idea of the spirit with which Connec- 
ticut laws were made in those days. 

Sec. 5. In New- York (1693) it was ordered that "all 
Jesuits, seminary priests, missionaries, or other ecclesi- 
astical persons, made or ordained by any power or juris- 
diction derived or pretended from the Pope, residing or 
being within the province, depart the same on or before 
the first of November, 1700. If any such continue to 
remain, or come into the province, after the said first of 
November, he shall be deemed an incendiary, a disturber 



36 OF RELIGION IN SCHOOLS, 

of the public peace, an enemy to the true Christian re- 
ligion, and shall suffer perpetual punishment" (Plant. 
Laws, p. 294.) A similar law was in force at this time 
in Massachusetts. (Plant. Laws, p. 54.) One that lived 
in those days, we imagine, could hardly suspect that, be- 
fore another century passed away, the people of the 
whole United States would declare that " Congress shall 
pass no law respecting an establishment of religion, or 
prohibiting the free exercise thereof." This was a grand 
principle to incorporate in the Constitution of a great 
country ; but it must be borne in mind that its effect is, 
to leave to the people of each State the power to make 
any law they may deem expedient, " respecting an estab- 
lishment of religion, or prohibiting the free exercise 
thereof." Were it not for this reserved poicer, the law as 
to religion in schools could have been explained in five 
minutes. Now, however, the explanation is not so easy. 
We have said elsewhere that our schools are, for the 
most part, free from sectarianism, and this is true. But 
a general statement of this kind will not answer the 
ends of those who would be exact, careful, and critical in 
their inquiries. It is for the gratification of such that 
we place the laws of the several States on this particular 
subject in close juxtaposition — a thing which is now 
done for the first time. We give the law, and cite v the 
authorities in which the very language as given will in 
every case be found. 

Sec. 6. In Maryland, where a distinguished historian 
assures us "religious liberty obtained a home, its only 



AS THE LAW WAS. 37 

home in the wide world,"(l Bancroft's Hist. U. S. p. 247,) 
it was enacted that, if any person whatever, inhabiting 
within this province, shall blaspheme, that is, curse God, 
deny our Saviour to be the Son of God, or deny the Holy 
Trinity, or the Godhead of any of the three persons, or 
the unity of the Godhead, or shall utter any reproachful 
words or language concerning the Holy Trinity, or any 
of the three persons thereof, he or she shall, for the first 
offense, be bored through the tongue, and fined twenty 
pounds sterling ; for the second offense, he or she shall 
be branded on the forehead with the letter " B," and fined 
forty pounds sterling, or imprisonment for one year ; 
and for the third offense, he or she so offending shall 
suffer death, with confiscation of all their goods and 
chattels. (Plant. Laws, p. 8.) The Book of Common 
Prayer, and administration of the sacraments, with other 
rites and ceremonies of the Church of England, shall be 
solemnly read by all ministers in the churches and other 
places of worship in this province. (Plant. Laws, p. 62.) 
Sec. V. In Virginia, it was enacted that, if any person 
brought up in the Christian religion shall, by writing, 
printing, teaching, or advised speaking, deny the being 
of a God, or the Holy Trinity; or assert or maintain 
there are more gods than one ; or deny the Christian 
religion to be true ; or the Holy Scriptures of the Old 
and New Testaments to be of divine authority ; and be 
thereof lawfully convicted ujoon indictment or informa- 
tion in the general court, such persons, for the first 
offense, shall be disabled to hold any office or employ- 



38 OF RELIGION IN SCHOOLS, 

ment, ecclesiastical, civil, or military, or any profit or ad- 
vantage therefrom. And every such office or employ- 
ment, held by such person at the time of his or her con- 
viction, is hereby declared void. And every such person, 
upon a second conviction of any of the crimes aforesaid, 
in manner aforesaid, shall from thenceforth be unable to 
sue in any court of law or equity, or to be guardian to 
any child, or executor or administrator of any person, or 
capable of any gift or legacy, or to bear any office, civil 
or military, forever within this colony; and shall also 
suffer from the time of such conviction three years' im- 
prisonment, without bail or mainprise. (Laws of Ya. 
1758, p. 14.) This same law was in force in South-Caro- 
lina from about 1703. (Pub. Laws of S. C. 1790, p. 3.) 
No other catechism could be taught than the Church 
catechism inserted in the Book of Common Prayer. 
(Plant. Laws of Ya. p. 12.) The following law was 
made in Virginia, in the year 1663, and was " in force and 
in use " still in 1 704 : " If any Quakers or other separatists 
whatever in this colony assemble themselves together to 
the number of five or more, of the age of sixteen years or 
upward, under the pretense of joining in a religious 
worship not authorized in England or this country, the 
parties so offending, being thereof lawfully convicted 
by verdict, confession, or notorious evidence of the fact, 
shall for the first offense forfeit and pay two hundred 
pounds of tobacco ; for the second offense, five hundred 
pounds of tobacco ; to be levied by warrant from any 
one justice of the peace upon the goods of the party con- 



AS THE LAW WAS. 39 

victed ; but if he be unable, then upon the goods of any 
other of the separatists or Quakers then present. And 
for the third offense, the offender, being convicted as 
aforesaid, shall be banished the colony." (Plant. Laws of 
Va. p. 52.) About the time this law was enacted in 
Virginia, and before any of the laws of the other colo- 
nies which we have cited were abolished, the people of 
the little colony of Rhode Island, perfectly consistent 
with their professions from the first settlement of their 
colony by Roger Williams, caused to be inserted in 
their charter, obtained from Charles II. in 1665, the 
grand original idea of religious liberty, which seems 
since to have been adopted to a considerable extent by 
nearly every State in the Union, and by some of them 
entire. 

Sec. 8. Rhode Island. — The language of the char- 
ter above referred to is as follows : " No person within 
the said colony, at any time hereafter, shall be any wise 
molested, punished, disquieted, or called in question for 
any difference in opinion in matters of religion, and do 
not actually disturb the peace of our said colony ; but 
that all and every person and persons may from time to 
time, and at all times hereafter, freely and fully have 
and enjoy his and their own judgments and consciences 
in matters of religious concernments, throughout the 
tract of land hereafter mentioned, they behaving them- 
selves peaceably and quietly, and not using their liberty 
to licentiousness and profaneness, or to the civil injury 
or outward disturbance of others." The charter fur- 



40 OF RELIGION IN SCHOOLS, 

ther says that this remarkable liberty of conscience is 
given to the people of Rhode Island, in order "that 
there may, in time, by the blessing of God upon their 
endeavors, be laid a sure foundation of happiness to all 
America." To show the remarkable strength of the 
faith of these men in their new theory of religious lib- 
erty, which was to be " a sure foundation of happiness 
to all America," we transcribe the following law in full 
from one of their ancient records : " Whereas Almighty 
God hath created the mind free, all attempts to influ- 
ence it by temporal punishments or burdens, or by civil 
incapacitations, tend only to beget habits of hypocrisy 
and meanness, and are a departure from the plan of the 
Holy Author of our religion, who, being Lord both of 
body and mind, yet chose not to propagate it by co- 
ercions on either, as was in His almighty power to do ; 
that the presumption of legislators and rulers, civil as 
well as ecclesiastical, who, being themselves but fallible 
and uninspired men, have assumed dominion over the 
faith of others, setting up their own opinions and modes 
of thinking as the only true and infallible, and as such 
endeavoring to impose them on others, hath established 
and maintained false religions over the greatest part of 
the world, and through all time ; that to counsel a man 
to furnish contributions of money for the propagation 
of opinions which he disbelieves is sinful and tyran- 
nical; that even the forcing him to support this or that 
teacher of his own religious persuasion is depriving him 
of the comfortable liberty of giving his contributions to 



AS THE LAW WAS. 41 

the particular pastor whose morals he would make his 
pattern, and whose powers he feels most persuasive to 
righteousness, and is withdrawing from the ministry 
those temporary rewards which, proceeding from an ap- 
probation of their personal conduct, are an additional 
incitement to earnest and unremitting labors for the in- 
struction of mankind ; that our civil rights have no de- 
pendence on our religious opinions; that therefore the 
proscribing any citizen as unworthy the public confi- 
dence by laying upon him an incapacity of being called 
to offices of trust and emolument unless he possesses 
or renounces this or that religious opinion is depriving 
him injuriously of those privileges and advantages to 
which, in common with his fellow-citizens, he has a nat- 
ural right ; that it tends only to corrupt the principles of 
that religion which it is meant to encourage, by bribing 
with a monopoly of worldly honors and emoluments 
those who will externally profess and conform to it ; 
that though, indeed, those are criminal who do not with- 
stand such temptation, yet neither are those innocent 
who lay the bait in their way ; that to suffer the civil 
magistrate to intrude his powers into the field of opinion, 
and to restrain the profession or propagation of princi- 
ples, on supposition of their ill tendency, is a dangerous 
fallacy, which at once destroys all religious liberty, be- 
cause he, being of course judge of that tendency, will 
make his own opinions the rule of judgment, and approve 
or condemn the sentiments of others only as they shall 
square with or differ from his own ; that it is time 



42 OF RELIGION IN SCHOOLS, 

enough, for the rightful purposes of civil government, 
for its officers to interfere when principles break out into 
open acts against peace and good order ; and, finally, 
that truth is great and will prevail, if left to herself; 
that she is the proper and sufficient antagonist to error, 
and has nothing to fear from the conflict, unless, by 
human interposition, disarmed of her natural weapons, 
free argument and debate — errors ceasing to be danger- 
ous when it is permitted to contradict them. And 
whereas a principal object of our venerable ancestors 
in their migration to this country and settlement of this 
State was, as they expressed it, * to hold forth a lively 
experiment, that a most flourishing civil state may stand, 
and best be maintained with a full liberty in religious 
concernments :' Be it therefore enacted by the General 
Assembly, and by the authority thereof it is enacted, 
that no man shall be compelled to frequent or support 
any religious worship, place, or minister whatever ; nor 
shall be enforced, restrained, molested, or burdened in 
his body or goods ; nor shall otherwise suffer on account 
of his religious opinions or belief; but that all men shall 
be free to possess, and by argument to maintain, their 
opinions in matters of religion ; and that the same shall 
in nowise diminish, enlarge, or affect their civil capaci- 
ties." (Laws of R I. 1798, p. 81.) 

The same principles, in almost the same words, are 
enunciated in the present Constitution of Rhode Island. 
(Art. 1, sec. 3.) After being "fourteen weeks sorely 
tossed in a bitter season, not knowing what bread or 



AS THE LAW WAS. 



43 



"bed did mean," at last, in June, 1636, the exiled Roger 
Williams, with five companions, embarked in a frail 
Indian canoe to find and found a home for religious 
liberty. Tradition has marked the spring near which 
they landed : it is the parent spot, the first inhabited 
nook of Rhode Island. This place Williams called Prov- 
idence. " I desired," said he, " it might be for a shelter 
for persons distressed for conscience," (1 Bancft. 379;) 
and such a shelter it very soon became. At a time 
when Germany was a battle-field for all Europe in the 
implacable wars of religion; when even Holland was 
bleeding with the anger of vengeful factions; when 
France was still to go through the fearful struggle with 
bigotry ; when England was gasping under the despot- 
ism of intolerance; almost half a century before William 
Penn became an American proprietary ; two years before 
Descartes founded modern philosophy on the method of 
free reflection, (1 Bancft. 375 ;) and nearly a whole cen- 
tury before any of the older American colonies stopped 
branding, cutting off the ears, boring the tongue with 
a red-hot iron, banishing, and putting to death for con- 
science' sake — Roger Williams asserted the great doc- 
tine of religious liberty, and suffered sorely for it ; but 
afterward had the satisfaction of laying the foundation 
of an independent state, based on the broad principles 
of civil and religious liberty, such as the world till then 
had never seen. 

Nearly two centuries and a half have passed away 
since the settlement of Rhode Island, but the people hold 



44 OF RELIGION IN 8CH00LS. 

fast to their first principles. The spirit so manifest in 
the laws we have cited is the spirit of their laws in gen- 
eral. In their schools religions liberty is practiced, in- 
culcated, and protected by law. No teacher or scholar 
is proscribed there on account of religious opinions. 

" Shall I ask the brave soldier who fights by ray side, 

In the cause of mankind, if our creeds agree ? 
Shall I give up the friend I have valued and tried, 

If he kneel not before the same altar with me ? 
From the heretic girl of my soul shall I fly, 

To seek somewhere else a more orthodox kiss ? 
No ! perish the hearts, and the laws that try . 

Truth, valor, or love, by a standard like this." 



CHAPTER III. 

OF RELIGION IN SCHOOLS— AS THE LAW 18. 

" Slave to no sect, who takes no private road, 
But looks through, nature up to nature's God." 

Sec. 1. Rhode Island, continued. — As this little 
State is to be regarded as the pioneer, at least in this 
country, of what is now known as " religious liberty," 
we give it more attention than its geographical position 
or territorial extent would otherwise appear to require. 
On this particular subject the laws of Rhode Island 
merit a full explanation, both as to their letter and spirit. 
The Constitution and laws of this State (ch. 2, sec. 8) give 
no power to a school committee, nor is there any authority 
in the State, by which the reading of the Bible or pray- 
ing in school, either at the opening or at the close, can 
be commanded and enforced. On the other hand, the 
spirit of the Constitution and the neglect of the law to 
specify any penalties for so opening and closing a school, 
or to appoint or allow any officer to take notice of such 
an act, do as clearly show that there can be no compul- 
sory exclusion of such reading and praying from the 



46 OF RELIGION IN SCHOOLS, 

public schools. The whole matter must be regulated 
by the consciences of the teachers and inhabitants of the 
districts, and by the general consent of the community. 
Statute law and school committees' regulations can en- 
force neither the use nor the disuse of such devotional 
exercises. (Ch. 2, sec. 8.) School committees may, in- 
deed, recommend, but they can go no further. It is be- 
lieved to be the general sentiment of the people of Rhode 
Island that this matter shall be left to the conscience of 
the teacher. (Pub. Schools Acts, with Rem. 1857, pp. 98, 
99.) Xo book should be introduced into any public 
school by the committee containing any passage or mat- 
ter reflecting in the least degree upon any religious sect, 
or which any religious sect would be likely to consider 
offensive. (Id. p. 42.) While a committee, on the exam- 
ination of teachers, should not endeavor to inquire into 
the peculiar religious or sectarian opinions of a teacher, 
and should not entertain any preferences or prejudices 
founded on any such grounds; they ought, nevertheless, 
and without hesitation, to reject every person who is in 
the habit of ridiculing, deriding, or scoffing at religion ; 
for such a habit may well be supposed to betray a want 
of that liberality which the State encourages in religious 
concernments, and an incapacity to teach in the magnan- 
imous spirit of its laws. (Id. p. 36.) 

Sec. 2. Coxxectictjt. — Although this State may 
have a record not altogether so clean and so free from 
the spirit of religious intolerance as that of Rhode Isl- 
and, yet it would be very unjust to judge Connecticut 



AS THE LAW IS. 47 

at this day by its ancient colonial laws. (Ch. 2, sec. 4.) The 
history of the original colonies of which this State was 
formed, as well as the action of the General Assembly, 
after the union of these colonies, clearly establish the 
fact that a good common school education has ever been 
considered the birthright of every child of the State. 
In 1641, a free school was ordered to be set up in New- 
Haven, and " the pastor, Mr. Davenport, together with 
the magistrates, was directed to consider what allowance 
should be paid to it out of the common stock." This is 
supposed to have been the first small beginning of the 
American system of free school education. In some 
form, the duty of educating the whole community has 
been recognized in Connecticut ever since. (Com. School 
Acts of Conn. 1864, p. 2.) All the laws of every State 
must be made and executed in accordance with the letter 
and spirit of its constitution ; for that is the fundamental 
law, and contains the principles upon which the govern- 
ment of the State is founded. On examining the Con- 
stitution of Connecticut, (adopted in 1818,) we find that 
the Rhode Island idea of religious liberty has been al- 
most wholly adopted in that instrument. " The exercise 
and enjoyment of religious profession and worship, with- 
out discrimination, shall forever be free to all persons 
in this State, provided that the right hereby declared 
and established shall not be so construed as to excuse 
acts of licentiousness, or to justify practices inconsistent 
with the peace and safety of the State," (Const, of Conn, 
art. 1 , sec. 3 ;) but it is, nevertheless, held and declared 



48 OF RELIGION IN SCHOOLS, 

to be "the duty of all men to worship the Supreme 
Being, the great Creator and Preserver of the Universe," 
(Id. art. 7, sec. 1 ;) and perhaps Connecticut teachers 
can constitutionally be required to so worship. 

Sec. 3. Massachusetts. — The Constitution of this 
State says : " No subject shall be hurt, molested, or 
restrained in his person, liberty, or estate for worship- 
ing God in the manner and seasons most agreeable to 
the dictates of his own conscience ; or for his religious 
profession or sentiments : provided he doth not disturb 
the public peace or obstruct others in their religious wor- 
ship." (Const, of Mass. art. 1, sec. 2.) But "it is the 
duty of all men in society, publicly and at stated sea- 
sons, to worship the Supreme Being, the great Creator 
and Preserver of the Universe." (lb.) "The public wor- 
ship of God, and instructions in piety, religion, and mo- 
rality, promote the happiness and prosperity of a people, 
and the security of a republican government." (Const, of 
Mass. Amend, art. 11.) It would seem, therefore, that 
the teachers of Massachusetts might constitutionally be 
required not only to worship God, as in Conecticut, but 
to do this "publicly and at stated seasons." The 
school committees are prohibited by statute (Gen. Stat- 
utes, tit. xi. ch. 38, sec. 27) from directing any school- 
books calculated to favor the tenets of any particular 
sect of Christians to be purchased or used in any of the 
town schools. It seems to be the settled policy of the 
State, however, to require the use of the Bible in the 
public schools; in fact, since the statute of 1855, "the 



AS THE LAW IS. 49 

daily reading of some portion of the Bible, in the com- 
mon English version," is made obligatory. As Connec- 
ticut claims the honor of having established the first free 
school on the continent, so Massachusetts claims that 
" she, first of all, established a system of public instruc- 
tion, and supported it by the essential and distinctive 
characteristics of a State — the right and duty of taxa- 
tion." (Sec. Rep. 1861, p. 57.) Neither Massachusetts 
nor Connecticut, however, can dispute with Rhode Island 
the honor of having been the first " to hold forth a lively 
experiment, that a most flourishing civil state may stand 
and best be maintained with a full liberty in religious 
concernments." (Ch. 2, sec. 8.) Rhode Island's " sure 
foundation of happiness to all America " has certainly 
been adopted to a considerable extent in Connecticut 
and Massachusetts ; but the former gives religious liberty 
to those only who worship God, and the latter gives it 
only to those who worship God " publicly and at stated 
seasons." 

Sec. 4. Maine. — This State has adopted the princi- 
pal features of the Rhode Island theory of religious lib- 
erty, at least in substance. No religious test can be 
required as a qualification for any office or trust. (Const. 
of Me. art. 1, sec. 3.) It seems, however, that a rule of 
school, requiring every scholar to read from the Protest 
ant version of the Bible, may be enforced. (38 Maine, 376.) 

Sec. 5. New-Hampshire. — After setting forth some 
principles that harmonize perfectly with those advanced 
in Rhode Island, the Constitution of this State asserts 



50 OF RELIGION IN SCHOOLS, 

and maintains as follows : " As morality and piety, 
rightly grounded on evangelical principles, will give the 
best and greatest security to government, and will lay, 
in the hearts of men, the strongest obligations to due 
subjection; and as the knowledge of these is most likely 
to be propagated through a society by the institution 
of the public worship of the Deity, and of public in- 
struction in morality and religion ; therefore, to promote 
these important purposes, the people of this State have 
a right to empower, and do hereby fully empower, the 
Legislature to authorize, from time to time, the several 
towns, parishes, bodies corporate, or religious societies, 
within this State, to make adequate provision, at their 
own expense, for the support and maintenance of public 
Protestant teachers, of piety, religion, and morality." 
(Const, of K H. part 1, art. 6.) 

Sec. 6. Yeemont. — To a declaration of religious lib- 
erty amounting to about the same in substance as that 
which is maintained in Rhode Island, the Constitution 
of this State adds the following : "Nevertheless, every 
sect or denomination of Christians ought to observe the 
Sabbath or Lord's day, and keep up some sort of relig- 
ious worship, which to them shall seem most agreeable 
to the revealed will of God." (Ch. 1, art, 3.) 

Sec. 7. New-Yoek. — The " lively experiment " of 
Rhode Island has, it is thought, been fully adopted by 
the Empire State, and is, at least in substance, incor- 
porated in the Constitution. "The free exercise and 
enjoyment of religious profession and worship, without 



AS THE LAW IS. 51 

discrimination or preference, shall forever be allowed 
in this State to all mankind." (Const, of N. Y. art. I, 
sec. 3.) The school-teacher, in common with all others, 
can insist upon enjoying the benefit of this constitutional 
provison ; but it behooves him, nevertheless, to bear in 
mind, under all circumstances, that he is the agent of 
the State, and must teach in the spirit of its laws. He 
should never for a moment forget that his scholars are 
protected by the law equally with himself. While he 
may exact from his examiners and others, he must him- 
self also exhibit the liberality and magnanimity in this 
respect that is proclaimed in the organic law of his 
State, or he is unfit for the vocation of public teacher, 
and he may be so declared. The State, however, so far 
as it can consistently with its organic law, and without 
prejudice to any, would foster piety in the citizen; and 
therefore it is not considered unlawful to open and close 
school with prayer and reading of the Scriptures, pro- 
vided that all discussion of controverted points and sec- 
tarian dogmas be carefully avoided. The policy of ISTew- 
York is the same in this respect as that of Rhode Island. 
(Ch. 2, sec. 8, and ch. 3, sec. 1.) 

Sec. 8. New-Jersey. — The law as to religion is the 
same, in substance, in this State as in New- York and 
Rhode Island. (Const, of N. J. art. 1, sees. 3, 4.) 

Sec. 9. Pein-nsylvania. — This State, like several oth- 
ers, seems to contradict itself on the subject of religious 
liberty. "No preference shall ever be given, by law, 
to any religious establishments or modes of worship." 



52 OF RELIGION IN SCHOOLS, 

(Const, of Pa. art. 9, sec. 3.) " No person who acknowl- 
edges the being of a God and a future state of rewards 
and punishments sl^all, on account of his religions senti- 
ments, be disqualified to hold any office or place of trust 
or profit under this commonwealth." (Id. sec. 4.) If 
this is an attempt to imitate the liberality of Rhode Isl- 
and, it is not altogether successful. " We therefore de- 
clare, that no man shall be compelled to frequent or sup- 
port any religious worship, place, or ministry whatever, 
except in fulfillment of his own voluntary contract ; nor 
enforced, restrained, molested, or burdened in his body 
or goods ; nor disqualified from holding office ; nor other- 
wise suffer on account of his religious belief; and that 
every man shall be free to worship God according to the 
dictates of his own conscience, and to profess, and by argu- 
ment to maintain, his opinion in matters of religion ; and 
that the same shall in nowise diminish, enlarge, or affect 
his civil capacity." (Const, of R. I. art. 1, sec. 3.) It 
will be noticed that no condition is here interposed, but 
the liberty is complete and unrestricted. In Pennsylva- 
nia, teachers might constitutionally be required to " ac- 
knowledge the being of a God, and a future state of re- 
wards and punishments," (Const, of Pa. art. 9, sec. 4 ;) 
but in Rhode Island such a requirement would be uncon- 
stitutional. In practice, however, it does not appear 
that the people of the one State are less liberal than 
those of the other. For in Pennsylvania it is held that 
" church influence should never be permitted to swerve 
a director from the line of duty in the selection of teach- 



AS THE LAW IS. 53 

ers," (School Dec. No. 159 ;) and " the religious predilec- 
tions of pupils, and their parents and guardians, are re- 
quired to be sacredly respected; sectarian instruction 
not being considered the province of the school-master, 
but of the parent or guardian, and the spiritual teacher 
selected by him." (School Dec. No. 162.) Consequently, 
sectarian works are excluded from the schools. (School 
Dec. No. 187.) But "the Scriptures come under the 
head of text-books, and they should not be omitted from 
the list." (School Dec. No. 186.) 

Sec. 10. Maryland. — It is the duty of every man to 
worship God in such manner as he thinks most accept- 
able to him, and all persons are equally entitled to 
protection in their religious liberty; wherefore, no per- 
son ought by any law to be molested in his person or es- 
tate on account of his religious persuasion or profession, 
or for his religious practice, unless under color of religion 
any man shall disturb the good order, peace, or safety of 
the State, or shall infringe the laws of morality, or in- 
jure others in their natural, civil, or religious rights. 
(Const, of Md. B. of It, art, 33.) No other test or 
qualification ought to be required on admission to any 
office of trust or profit, than such oath of office as may 
be prescribed by this Constitution or by the laws of 
the State, and a declaration of belief in the Christian re- 
ligion ; and if the party shall profess to be a Jew, the 
declaration shall be of his belief in a future state of re- 
wards and punishments. (Id. art. 34.) In order to 
carry out faithfully the spirit of these constitutional pro- 



54 OF RELIGION IN SCHOOLS, 

visions, every teacher in Maryland should be a believer 
in the Christian religion, or, at least, in a future state of 
rewards and punishments. Persons who do not so be- 
lieve should not be licensed, or, if any are already 
licensed, their licenses should be revoked. The examin- 
ers in this State may very properly inquire whether the 
candidates for licenses believe in the Christian religion 
or in a future state of rewards and punishments, for such 
an inquiry is a part of their legitimate duty at the ex- 
aminations. But they have no right to go further than 
the law requires. If, for example, an applicant for a cer- 
tificate declares that he believes in " a future state of re- 
wards and punishments," or " in the Christian religion," 
then he can be questioned no further on the subject ; or 
if questioned, he may refuse to answer. If he says he 
believes in a future state of rewards and punishments, 
the law can require nothing more, for the Constitution 
prohibits any further test. It is a little singular that 
this Constitution, which does not secure full religious 
liberty, is the only one of thirty-five now before us 
which has the phrase " religious liberty " in it. The 
Constitutions of several of the States, without the 
phrase, have more of the spirit. 

Sec. 11. Viegixia. — Religion, or the duty which we 
owe to our Creator, and the manner of discharging it, 
can be directed only by reason and conviction, not by 
force or violence ; and it is the mutual duty of all to prac- 
tice Christian forbearance, love, and charity toward 
each other. (Const, of Va.,B. of R. sec. 16.) There is 



AS THE LAW IS. 55 

no public-school system yet established in Virginia. At 
the last session of the Legislature, two of the counties, 
King George and Stafford, were authorized to borrow 
money for educational purposes ; but owing to the great 
scarcity of money, nothing of moment has been accom- 
plished. We have the assurance of a high official of the 
State, that the people are only waiting for better times 
in order to inaugurate a system of public schools similar 
to those now so successful elsewhere. If such schools are 
established under the present Constitution, they should, 
and doubtless will, be perfectly free from sectarianism. 

Sec. 12. North-Carolina. — All persons shall be at 
liberty to exercise their own mode of worship ; provided 
that nothing herein contained shall be construed to 
exempt preachers of treasonable or seditious discourses 
from legal trial or punishment. (Const, of N. C. art. 
34.) No person who shall deny the being of God, or 
the truth of the Christian religion, or the divine author- 
ity of the Old or New Testament, shall be capable of 
holding any office or place of trust or profit in the civil 
department within this State. (Id. art. 4, sec. 2, of 
Amend.) Although there is an established Church in 
England, the Jews were admitted to Parliament more 
than ten years ago. North-Carolina is, in this respect, 
evidently behind the times. No other Southern State is 
so illiberal. More than two centuries ago, little Rhode 
Island was inspired with a new theory of government. 
All the other States of this Union have since caught 



56 OF RELIGION IN SCHOOLS, 

the inspiration, either wholly or partially, but North-Car- 
olina is the most laggard of them all. 

Sec. 13. South-Carolina. — The free exercise and en- 
joyment of religious profession and worship, without dis- 
crimination or preference, shall forever hereafter (1790) 
be allowed within this State to all mankind, provided 
that the liberty of conscience thereby declared shall not 
be so construed as to excuse acts of licentiousness, or jus- 
tify practices inconsistent with the peace or safety of this 
State. (Const, of S. C. art. 8.) What this State now 
needs more than any thing else, we imagine, is a popular 
system of public schools ; and we have reason to believe 
that something of this kind is in contemplation. The 
legislation of this State, running through a period of 
more than forty years, embraces little else, in reference 
to schools, than the applanations annually made to sup- 
port indigent scholars. The appropriation for some 
twelve years was seventy-five thousand dollars annually, 
and previous thereto thirty-seven thousand five hundred. 
This sum was appropriated to the districts according to 
the representation in the lower branch of the Legislature, 
and its expenditure was confided to boards of commis- 
sioners in each district. Each board adopted its own 
rules and system, and hence there has been no uniform- 
ity in the organization of schools or in expending the 
funds. The boards are only required to report annually 
to the Legislature, and exhibit the manner in which the 
funds have been expended and the number of indigent 
scholars taught. Persons who have the means of edu- 



AS THE LAW IS. 57 

eating their own children are never permitted to share in 
the appropriation ; the privilege is restricted to the in- 
digent alone. (Letter from Gov. James L. Orr, May 12, 
1866.) 

Sec. 14. Georgia. — The constitutional provisions in 
reference to the liberty of conscience in this State are 
the same, in legal effect, as those of South-Carolina, 
though more extended, and, if possible, more emphatic. 
(Const, of Ga. art. 4, sec. 10.) A committee was ap- 
pointed by the Legislature of this State in 1866, to pre- 
pare a bill for a system of free schools for the State, and 
were instructed to report at the next session of the Legis- 
lature, (1867.) 

Sec. 15. Florida. — All men have a natural and ina- 
lienable right to worship Almighty God according to the 
dictates of their own consciences; and no preference 
shall ever be given by lav/ to any religious establish- 
ment or mode of worship in this State. (Const, of Fla. 
art. 1, sec. 3.) This State has not yet adopted a system 
of public schools. 

Sec. 16. Alabama. — No person within this State shall, 
upon any pretense, be deprived of the inestimable privi- 
lege of worshiping God in the manner most agreeable to 
his own conscience ; nor be compelled to attend any place 
of worship ; nor shall any one be obliged to pay any 
tithes, taxes, or other rates, for the building or repairing 
of any place of worship, or for the maintenance of any 
minister or ministry. (Const, of Ala. art. 1, sec. 3.) ISTo 
human authority ought, in any case whatever, to control 



58 OF RELIGION IN SCHOOLS, 

or interfere with the rights of conscience. (Id. sec. 4.) 
No person shall be hurt, molested, or restrained in his 
religious profession, sentiments, or persuasion, provided 
he does not disturb others in their religious worship. 
(Id. sec. 5.) The civil rights, privileges, and capacities 
of any citizen shall in no way be diminished or en- 
larged on account of his religious principles. (Id. sec. 
6.) There shall be no establishment of religion by 
law; no preference shall ever be given by law to any 
religious sect, society, denomination, or mode of wor- 
ship ; and no religious test shall ever be required as a 
qualification to any office or public trust under this State. 
(Id. sec. 7.) Every citizen may speak, write, and pub- 
lish his sentiments, being responsible for the abuse of that 
privilege. (Id. sec. 8.) We cite the foregoing sections 
of the Alabama Constitution in full, not because they 
are unique, for almost the same words are in the constitu- 
tions of several other States ; nor because they insure a 
larger religious liberty, for we are fully aware that per- 
fection can not be made more perfect by the mere force 
of repetitions. In Rhode Island, New- York, New-Jer- 
sey, Delaware, Virginia, South-Carolina, Georgia, Flori- 
da, and several other States, religious liberty is as com- 
pletely constitutional as in Alabama. Though the pro- 
visions in some of the constitutions may not be so extend- 
ed, they are equally comprehensive, and the same in legal 
effect. The Constitution of Alabama, however, contains 
so many different expressions for the same thing, that we 
think any one who will take the trouble to read the sec- 



AS THE LAW IS. 59 

tions cited will never after be in error as to what is 
meant by " religious liberty." 

Sec. 17. Mississippi. — The constitutional provisions in 
relation to the liberty of conscience, of speech, and of 
the press, are in legal effect the same in this State as in 
Alabama, and the language is very nearly the same. 
(Const, of Miss. art. 1, sees. 3-7.) 

Sec. 18. Louisiana. — The Constitution of this State is 
singularly silent on the subject of religion. The free- 
dom of the press is secured, and every citizen may freely 
speak, write, and publish his sentiments on all subjects, 
being responsible for an abuse of this liberty. (Const, 
of La. tit. 6, art. 106.) This is one of the few Southern 
States that have a system of public schools. These 
schools suffered greatly from the war, but it is to be 
hoped that they will not be permitted to languish long, 
now that peace is restored. So many considerations of 
vast import to the highest interests of the State, and so 
many influences affecting alike the moral and intellect- 
ual welfare of her citizens, are involved in this, that the 
encouragement of popular education would seem to be 
the simplest expression of public duty at. this crisis. 
The war has, indeed, deprived most of those citizens, who 
formerly supported public schools, of the power of con- 
tributing to them for a period which it is not now easy 
to determine. But while this is true, it can not be over- 
looked that, now more than ever, are the people in need 
of a liberal system of public education which will supply 
their children with those advantages which their private 



60 * OF RELIGION IN SCHOOLS, 

means will no longer enable them to afford. Upon the 
State, therefore, falls the responsibility of a wise and 
provident legislation — a legislation that shall hold the 
present in wardship for the future — to guard this benefi- 
cent system from complete extinction. (Rep. of Supt. 
Jan. 22, 1866.) 

Sec. 19. Texas. — The law on the subject under con- 
sideration is the same in Texas as in Alabama, though 
not expressed in the same words. It is also made the 
duty of the Legislature to pass such laws as shall be 
necessary to protect every religious denomination in the 
peaceable enjoyment of their own mode of public wor- 
ship. (Const, of Texas, art. 1, sees. 3 and 4.) 

Sec. 20. Arkansas. — The civil rights, privileges, or 
capacities of any citizen shall in nowise be diminished 
or enlarged on account of his religion. (Const, of Ark. 
art. 2, sec. 4.) But no person who denies the being of a 
God shall hold any office in the civil department of this 
State, nor be allowed his oath in any court. (Id. art. 8, 
sec. 3.) 

Sec. 21. Tennessee. — The law as to religion in this 
State is the same in legal effect, and almost the same in 
language, as in Maryland. (Const, of Tenn. art. 1, sees. 
3 and 4 ; Id. art. 9, sec 2.) 

Sec. 22. Kentucky. — The peoj^le of this State have 
reserved to themselves full religious liberty. (Const, of 
Ky. art. 13, sees. 5 and 6.) We find nothing in the 
school laws inconsistent therewith. 

Sec. 23. West- Virginia. — The constitutional pro vis- 



AS TEE LAW IS. 61 

ions are the same in legal effect as in Kentucky. (Const, 
of West-Va. art. 2, sec. 9.) But all teachers employed 
in the public schools of this State shall read or cause to 
be read at least one chapter from the Bible, in a lan- 
guage understood by the scholars, every day at the 
opening of the school, and inculcate the duties of piety, 
morality, and respect for the laws and government of 
this country. (School Laws of West-Va. 1866, sec. 29.) 

Sec. 24. Ohio, Michigan, Illinois, Missouri, Oregon, 
Minnesota, and Delaware. — What has been stated of 
Kentucky will apply equally to all of these States. 
(Const, of Ohio, art. 1, sec. 7 ; Const, of Mich. art. 4, sees. 
39-41 ; Const, of 111. art. 13, sees. 3 and 4; Const, of Mo. 
art. 13, sees. 4 and 5; Const, of Oregon, art. 1, sees. 2- 
7 ; Const, of Minn. art. 1, sees. 17 and 19; Const, of Del. 
art. 1, sees. 1 and 2.) 

Sec. 25. Indiana. — The constitutional provisions are 
the same in substance as in the foregoing States. 
(Const, of Ind. art. 1, sees. 2-7.) But the Bible shall 
not be excluded from the public schools of the State. , 
(Com. School Laws of Ind. 1865, sec. 167.) 

Sec. 26. Iowa. — The constitutional provisions are 
much like those in Alabama, and the same in legal effect. 
(Const, of Iowa, art. 1, sees. 3 and 4.) But the Bible 
shall not be excluded from any school or institution in 
this State, under the control of the Board, nor shall any 
pupil be required to read it contrary to the wishes of his 
parent or guardian. (School Laws of Iowa, 1864, ch. 8, 
sec. 1.) The spirit of this law, it seems to us, is more 



62 OF RELIGION IN SCHOOLS, 

consistent with the Constitution of the State than is the 
West- Virginia or Indiana law on the same subject. 

Sec. 27. Wisconsin. — The constitutional provisions 
are the same in legal effect here as in Alabama. (Const, 
of Wis. art. 1, sees. 18, 19.) But the Constitution of 
this State also, in reference to district schools, provides 
that " no sectarian instruction shall be allowed therein." 
(Id. art. 10, sec. 3.) We think, however, that this j:>ro- 
vision is unnecessary, as what it provides for would 
naturally follow from the other provisions. 

Sec 28. California. — The provision in the Consti- 
tution of California on this subject is similar to that 
in the Constitution of New-York, and the same in le- 
gal effect. (Const, of Cal. art. 1, sec. 4.) No books, 
tracts, j>apers, catechisms, or other publications of a 
sectarian or denominational character shall be used or 
distributed in any school, or shall be made a part of 
any school library ; neither shall any sectarian or de- 
nominational doctrine be taught therein. (Revised 
chool Law of Cal. 1866, sec. 60.) We think our 
friends in California have the true idea of religious lib- 
erty. 

Sec 29. Kansas. — No religious sect or sects shall 
ever control any part of the common school or univer- 
sity fund of the State. (Const, of Kansas, art. 6, sec. 8.) 
Sec 30. Prayer in School. — The law is pretty 
much the same in all the States on this subject. We 
find it everywhere written in blank. Nothing is more 
certain, however, than that prayer is allowable when no 



AS THE LA W IS. 63 

one objects to it ; but it should always be perfectly free 
from sectarianism. Prayer, if made in the schools estab- 
lished by the State, should be made in the spirit of the 
laws of the State. But here is the difficulty. It is next 
to impossible for an individual who is sectarian to 
speak and act in every instance in the spirit of laws that 
are not sectarian. The law, generally speaking, regards 
all sects and persuasions with perfect impartiality ; any 
teacher who can do the same thing and in the same 
spirit, we think, may reasonably expect to be permitted 
to open or close his school with prayer without serious 
objection. But, in the language of the Constitution of 
Virginia, " it is the mutual duty of all to practice Christ- 
ian forbearance, love, and charity toward each other." 
The teacher should practice forbearance, love, and char- 
ity toward the scholars and toward their parents, and he 
should respect their opinions and wishes, precisely as he 
would have his own respected by them. If he can do this 
sincerely, he will probably be permitted to open or close 
his school with or without reading and prayer, just as 
he may deem most agreeable. We hope that no teacher 
who knows the law will cease praying through fear. 
The other and better way will be to make the spirit 
and the prayer harmonize with the law, and then " walk 
in the light." 



CHAPTER IV. 
CORPORAL PUNISHMENT— PARENT AND CHILD. 

Sec. 1. The rights of parents result from their duties. 
Parents are bound to maintain and educate their child- 
ren ; the law has given them such authority, and in 
the support of that authority a right to the exercise 
of such discipline as may be requisite for the dis- 
charge of their sacred trust. This is the true founda- 
tion of parental power, and the parent's right to cor- 
rect, to this end and to this extent, has never been dis- 
puted by Church or State. " He that spareth his rod 
hateth his son ; but he that loveth him chasteneth him 
betimes." (Prov. 13 : 24.) Indeed, this power of the 
parent over the person and liberty of the child was 
sometimes carried to a most atrocious extent. The pun- 
ishment for disobedience to parents, under the Jewish 
law, was death. " And they shall say unto the elders 
of his city, This our son is stubborn and rebellious, he 
will not obey our voice ; he is a glutton, and a drunkard. 
And all the men of his city shall stone him with stones 
that he die." (Deut. 21 : 18-21.) 

Sec. 2. The Persians, Egyptians, Greeks, Gauls, and 



CORPORAL PUNISHMENT. 65 

Romans allowed to the fathers absolute dominion over 
their offspring ; but the Romans, according to Justinian, 
exceeded all other people, and the liberty and the lives 
of the children were placed within the power of the 
father. "Jus autem potestatis, quod in liberos habe- 
mus, proprium est Romanorum, nulli enim alii sunt hom- 
ines, qui talem in liberos habeant potestatem, qualem 
nos habemus." (Inst. Just. lib. 1, tit. 9, sec. 3.) The 
power of the father over the life of the child was greatly- 
weakened in public opinion by the time of Augustus, 
under the silent operation of refined manners and culti- 
vated morals. It was looked upon as obsolete when the 
Pandects were compiled. Bynkershoek was of opin- 
ion that the power ceased under the Emperor Hadrian, 
for he banished a father for killing his son. The Emper- 
or Constantine made the crime capital as to adult child- 
ren. In the age of Tacitus the exposing of infants was 
unlawful ; but merely holding it to be unlawful was not 
sufficient. When the crime of exposing and killing in- 
fants was made capital, under Valentinian and Yalens, 
then the practice was finally abolished, and the paternal 
power became itself subject to the standard of reason and 
of our own municipal law, which admits only the jus 
domesticce amendationis^ or the right of inflicting mod- 
erate correction under the exercise of a sound discretion. 
(2 Kent's Com. 203 ; Taylor's Elements of the Civil 
Law, 395; Gibbon's History, vol. 8, pp. 55-57; Sallust, 
Bel. Cat. ch. 39; Tacit, de Mor. Ger. ch. 19; Bynkers- 
hoek Opera, tome 1, p. 346 ; Heinec. Syn. Antiq. Rom. 



66 CORP OPAL PUNISHMENT, 

Jur. lib. 1. tit. 9 ; Opera, tome 4.) Dr. Taylor, in his 
Elements of Civil Law, (pp. 403-406,) gives a concise 
history of the progress of the Roman jurisprudence, in 
its efforts to destroy this undue power of the parent ; 
but Bynkershoek has composed a regular treatise, with 
infinite learning, on this subject. It is entitled " Opus- 
culum de jure occidendi, vendendi, et exponendi liberos 
apud veteres Romanos." (Opera, tome 1, p. 346.) Hei- 
neccius gives the history of the Roman jurisprudence 
from Romulus to Justinian, relative to this tremendous 
power of the father, which, he says, was justly termed 
by the Roman authors patria majestas. The obedience, 
and even gratitude, of children to their j^arents has been 
in all times considered not only proper, but a primary 
duty. "Honor thy father and thy mother; that thy 
days may be long upon the land which the Lord thy 
God giveththee." (Exodus 20 : 12.) "We have already 
referred to the great power given to the parents by 
the Persians, Egyptians, Greeks, Gauls, and Romans. 
Among the Hindoos, disobedience to parents was fol- 
lowed by a loss of the child's inheritance. (Gentoo Code, 
by Halhed, p. 64.) The first emigrants to Massachu- 
setts followed the Jewish law, and made filial disobedi- 
ence a capital crime. (Gov. Hutchinson's History of 
Massachusetts, vol. 1, p. 441.) Who can make question 
but that a man that hath children and family, both 
justly may and in duty ought to preserve them of his 
charge (as far as he is able) from the dangerous com- 
pany of persons inflicted with the plague or pestilence, 



PARENT AND CHILD. 67 

or other contagious, noisome, and mortal diseases, and if 
such persons should offer to intrude into the man's house 
among his children and servants, notwithstanding his 
prohibition and warning to the contrary, and thereby 
shall endanger the health and the lives of them of the 
family, can any man doubt but that in such case the 
father of the family, in defense of himself, may withstand 
the intrusion of such infected and dangerous persons, and 
if otherwise he can not keep them out may kill them ? 
Now in Scripture corruption in mind or judgment is 
counted a great infection or defilement, yea, and one 
of the greatest ; for the apostle saying of some men, 
that to them there is nothing pure, gives this as the rea- 
son of it, because even their mind and conscience is 
defiled, (Titus 1 : 15,) as if defilement of mind did ar- 
gue the defilement of all ; and that in such case there 
was nothing pure, even as, when leprosy was in the 
head, the priest must pronounce such a man utterly 
unclean, sith the plague was in his head. (Levit. 13 : 44.) 
And it is the Lord's command that such corrupt 
persons be not received into house, (2 John 10,) which 
plainly enough implies that the householder hath power 
to keep them out, and that it was not within their power 
to come in if they pleased, whether the householder would 
or no. (Colonial Records of Mass.) If any child or 
children above sixteen years old, and of competent un- 
derstanding, shall curse or smite their natural father or 
mother, he or they shall be put to death, unless it can be 
sufficiently testified that the parents have been very un- 



68 CORPORAL PUNISHMENT, 

christianly negligent in the education of such children, 
or so provoked them by extreme and cruel correction 
that they have been forced thereunto to preserve them- 
selves from death or maiming. (Laws of New-Ply- 
mouth, Mass. 1671.) If a man have a stubborn or rebel- 
lious son, of sufficient years and understanding, namely, 
sixteen years of age, which shall not obey the voice of 
his father or the voice of his mother, and that, when they 
have chastened him, will not hearken unto them, then 
shall his father or mother, being his natural parents, lay 
hold on him, and bring him before the magistrates as- 
sembled in court, and testify unto them that their son is 
stubborn and rebellious, and will not obey their voice 
and chastisement, but lives in sundry notorious crimes ; 
such a son shall be put to death, or otherwise severely 
punished. (lb.) These same laws were in force in Con- 
necticut as early as 1642, and the following scriptural 
authorities were cited in their support: Ex. 21 : 17; 
Lev. 20 ; Ex. 20 : 15 ; Deut. 21 : 20, 21. 

Sec. 3. We believe that all governments and all peo- 
ples have regarded filial disobedience with great disfa- 
vor. Even filial ingratitude among the ancient Greeks 
seems to have been looked upon as extremely impious, 
and attended with the most certain effects of divine 
vengeance. (Iliad, book 9, v. 454.) In modern times, 
the right of the parent to exact obedience from his chil- 
dren is still conceded, but his powers for enforcing his 
commands are more in consonance with the civilization 
of the times. In English law, the parent may lawfully 



PARENT AND CHILD. 69 

correct his child, being under age, in a reasonable man- 
ner. (1 Blackstone, 452.) So also in American law. 
(2 Kent's Com. 203.) There can be no doubt as to the 
parent's power to enforce his authority to this extent. 
So long as he keeps within the bounds of reason, he will 
be protected, and aided, if need be, by the law. 

" Honor thy parents to prolong thine end ; 
With them, though for truth, do not contend : 
Though all should truth defend, do thou lose rather 
The truth awhile, than lose their love forever. 
Whoever makes his father's heart to bleed 
Shall have a child that will revenge the deed." 



CHAPTER V. 

CORPORAL PUNISHMENT— TEACHER AND PUPIL. 

Sec. 1. A school-master is liable criminally if, in inflict- 
ing punishment upon his pupil, he goes beyond the limit 
of reasonable castigation, and, either in the mode or de- 
gree of correction, is guilty of any unreasonable or dispro- 
portionate violence or force; and whether the punish- 
ment was excessive under the circumstances of any case, 
is a question for the jury. (Commonwealth v. Randall, 4 
Gray, 36 ; 3 Greenl. on Ev. sec. 63.) He is also liable to 
be dismissed for cruelty. Teachers are not often bar- 
barous, yet it may not be improper to state here that the 
law is a strong power to protect the weak from injustice, 
and to take from the strong a full equivalent for the 
wrongs which they may commit. When the Hon. John 
A. Dix was Superintendent of Schools for the State of 
New- York, he gave the following as his opinion : The 
practice of inflicting corporal punishment ivpon scholars, 
in any case whatever^ has no sanction but usage. The 
teacher is responsible for maintaining good order, and 
he must be the judge of the degree and nature of the 
punishment required when his authority is set at defi- 



TEACHER AND PUPIL. Yl 

ance. At the same time he is liable to the party injured 
for any abuse of a prerogative which is viholly derived 
from custom. (Supt. Common Schools Decisions, 102.) 
Many very well-informed and well-meaning f>eople are, 
in these latter days, beginning to doubt whether corpo- 
ral punishment is under any circumstances advisable or 
excusable. The Supreme Court of Indiana expresses 
itself on this subject as follows : The law still tolerates 
corporal punishment in the school-room. The authorities 
are all that way, and the legislature has not thought 
proper to interfere. The public seems to cling to a des- 
potism in the government of schools which has been 
discarded everywhere else. Whether such training be 
congenial to our institutions, and favorable to the full 
development of the future man, is worthy'of serious con- 
sideration, though not for us to discuss. In one respect 
the tendency of the rod is so evidently evil that it might 
perhaps be arrested on the ground of jDublic policy. The 
practice has an inherent proneness to abuse. The very 
act of whipping engenders passion, and very generally 
leads to excess. Where one or two stripes only were 
intended, several usually follow, each increasing in vigor 
as the act of striking inflames the passions. This is a 
matter of daily observation and experience. Hence the 
spirit of the law is, and the leaning of the courts should 
be, to discountenance a practice which tends to excite 
human passions to heated and excessive action, ending 
in abuse and breaches of the peace. Such a system of 
petty tyranny can not be watched too cautiously, nor 



72 CORPORAL PUNISHMENT, 

guarded too strictly. The tender age of the sufferers 
forbids that its slightest abuse should be tolerated. So 
long as the power to punish corporally in schools exists, 
it needs to be put under wholesome restrictions. Teach- 
ers should, therefore, understand that whenever correc- 
tion is administered in anger or insolence, or in any other 
manner than in moderation and kindness, accompanied 
with that affectionate moral suasion so eminently due 
from one placed by the law " in loco parentis " — in the 
sacred relation of parent — the court must consider them 
guilty of assault and battery, the more aggravated and 
wanton in proportion to the tender years and dependent 
position of the pupil. It can hardly be doubted but that 
public opinion will, in time, strike the ferule from the 
hands of the teacher, leaving him, as the true basis of 
government, only the resources of his intellect and heart. 
Such is the only policy worthy of the State, and of her 
otherwise enlightened and liberal institutions. It is the 
policy of progress. The husband can no longer moder- 
ately chastise his wife ; nor, according to the more recent 
authorities, the master his servant or apprentice. Even 
the degrading cruelties of the naval service have been 
arrested. Why the person of the school-boy, " with his 
shining morning face," should be less sacred in the eye 
of the law than that of the apprentice or sailor, is not 
easily explained. It is regretted that such are the au- 
thorities, still courts are bound by them. All that can 
be done, without the aid of legislation, is to hold every 
case strictly within the rule ; and if the correction be in 



TEACHER AND PUPIL. ?3 

anger, or in any other respect immoderately or im- 
properly administered, to hold the unworthy perpetrator 
guilty of assault and battery. The law having elevated 
the teacher to the place of the parent, if he is still to sus- 
tain that sacred relation, " it becomes him to be careful 
in the exercise of his authority, and not make his power 
a pretext for cruelty and oppression.'" (14 Johns. R. 
119.) Whenever he undertakes to exercise it, the cause 
must be sufficient ; the instrument suitable to the purpose ; 
the manner and extent of the correction, the part of the 
person to which it is applied, the temper in which it is in- 
flicted — all should be distinguished with the kindness, 
prudence, and propriety which become the station. 
(Cooper v. McJunkin, 4 Indiana R. 290.) This court 
has more sympathy for roguish youths and less for hec- 
tored teachers than any other, we believe, in the land. 
To our mind the reason why the law gives the teacher 
the right to punish is very clear and easily explained, 
but it does not seem to be so to this court. 

Sec. 2. A parent is justified in correcting a child 
either corporally or by confinement, and a school-master 
under whose care and instruction a parent has placed 
his child is equally justified in similar correction; but 
the correction in both cases must be moderate, and in a 
proper manner. A school-master stands in loco parentis 
in relation to the pupils committed to his charge, while 
they are under his care, so far as to enforce obedience 
to his commands, lawfully given in his capacity of 
school-master, and he may therefore enforce them by 



V4 CORPORAL PUNISHMENT, 

moderate correction. (Com. Dig. Pleader, 3, M. 19; 
Hawk. c. 60, sec. 23 ; and c. 62, sec. 2 ; c. 29, sec. 5.) To 
use the language of Chief-Justice Holt, "A master may 
justify the beating of his scholar, if the "beating be in the 
nature of correction only, and with a proper instrument." 
(Precedents of Pleas, 2 R. P. C. P. 47-51 ; Rastall's 
Ent. 613, pi. 18; 2 Chit. PI. 553; 9 Wend. 355; Peter- 
dorff, Index, 296.) The power allowed by law to the 
parent over the person of the child may be delegated to 
a tutor or instructor, the better to accomplish the pur- 
pose of education. (2 Kent Com. 205.) A school-mas- 
ter stands in loco parentis, and may in proper cases 
inflict moderate and reasonable chastisement. (The 
State v. Pendergast, 2 Dev. & Battle, 365.) Although 
a town (or common) school is instituted by the statute, 
the children are to be considered as put in charge of the 
instructor for the same purpose, and to be clothed with 
the same power, as when he is directly employed by the 
parent. The power of the parent to restrain and coerce 
obedience in children can not be doubted, and it has 
seldom or never been denied. The power delegated to 
the master by the parent must be accompanied, for the 
time, with the same right as incidental, or the object 
sought must fail of accomplishment. (Stevens v. Fassett, 
27 Maine, 280.) The tutor or school-master has such a 
portion of the power of the parent to restrain and cor- 
rect as may be necessary to answer the purposes for 
which he was employed. (1 Blackstone, 453.) The 
power must be temperately exercised, however, and no 



TEACHER AND PUPIL. ?5 

school-master should feel himself at liberty to administer 
chastisement coextensively with the parent, however 
much t^he infant delinquent might appear to have de- 
served it. (3 Barn wall & Alderson's R. 584.) If a 
person over twenty-one years of age voluntarily attend 
a town (or any) school, and is received as a scholar by 
the instructor, he has the same rights and duties, and is 
under the same restrictions and liabilities, as if he were 
under the age of twenty-one years. (27 Maine, 266.) 
This, it will be understood, is true generally, but there 
may, of course, be a special contract, which, when it 
exists and is legally made, may give unusual rights and 
privileges to either party. Where a scholar, in school 
hours, places himself (with or without permission) in the 
desk of the instructor, and refuses to leave it on the 
request of the master, such scholar may be lawfully re- 
moved by the master; and for that purpose he may 
immediately use such force, and call to his assistance 
such aid, from any other person, (or persons,) as may be 
necessary to accomplish the object ; and the case is the 
same if the person removed is over twenty-one years of 
age, or not a scholar, but a person having no right 
in the school. The school-house is in the charge and 
under the control of the authorized teacher, so far as is 
necessary for the performance of his duties as teacher. 
The law clothes every person with the power to use 
force sufficient to remove one who is an intruder upon 
his possessions, and the school-house is for certain pur- 
poses the teacher's close, his kingdom, or his castle. 



76 CORPORAL PUNISHMENT, 

The teacher has responsible duties to perform, and he is 
entitled in law and in reason to employ the means neces- 
sary therefor. It is his business to exact obedience in 
the school-room, and it is his legal right. (Stevens v. 
Fassett, 27 Maine, 266.) 

Sec. 3. The teacher to have the benefit of any reason- 
able doubt. — The Supreme Court of Vermont recently 
gave "a very able opinion on this subject, from which we 
extract the following : A school-master has the right to 
inflict reasonable corporal punishment. He must exer- 
cise reasonable judgment and discretion in determining 
when to punish and to what extent. In determining 
upon what is a reasonable punishment, various consider- 
ations must be regarded — the nature of the offense, the 
apparent motive and disposition of the offender, the in- 
fluence of his example and conduct upon others, and the 
sex, age, size, and strength of the pupil to be punished. 
Among reasonable persons much difference prevails as 
to the circumstances which will justify the infliction of 
punishment, and the extent to which it may properly be 
administered. On account of this difference of opinion 
and the difficulty which exists in determining what is a 
reasonable punishment, and the advantage which the mas- 
ter has by being on the spot to know all the circumstan- 
ces, the manner, look, tone, gestures of the offender, 
(which are not always easily described,) and thus to form 
a correct opinion as to the necessity and extent of the 
punishment, considerable allowance should be made to 
the teacher by way of protecting him in the exercise of 



TEACHER AND PUPIL. 77 

his discretion. Especially should he have this indul- 
gence when he appears to have acted from good motives, 
and not from anger or malice. Hence the teacher is not 
to be held liable on the ground of excess of punishment, 
unless the punishment is clearly excessive, and would be 
held so in the general judgment of reasonable men. If 
the punishment be thus clearly excessive, then the mas- 
ter should be held liable for such excess, though he acted 
from good motives in inflicting the punishment, and, in 
his own judgment, considered it necessary and not ex- 
cessive. But if there is any reasonable doubt whether 
the punishment was excessive, the master should have 
the benefit of that doubt. (Lander v. Seaver, 32 Ver- 
mont R. 123; 19 lb. 108; 4 Gray, 37; 2 Dever. and 
Bat. 365; 3 Salk. 47; Reeves' Domestic Rel. 374, 375; 
Wharton's Amer. Crim. Law, 1259; and 1 Sanders on 
PI. and Ev. 144.) 

Sec. 4. A lady teacher in trouble. — This was an indict- 
ment for assault and battery. The defendant, Rachel 
Pendergrass, kept a school for small children, and pun- 
ished one of them with a rod to such an extent as to 
leave marks, all of which were such as were likely to pass 
away in a short time and leave no permanent injury. 
The judge instructed the jury that, if they believed that 
the child (six or seven years of age) had been whipped 
by the defendant at that tender age, with either a switch 
or other instrument, so as to produce the marks described 
to them, the defendant w^as guilty. The jury under this 
charge returned a verdict of guilty ; but Rachel took ex- 



T8 CORPORAL PUNISHMENT, 

ceptions to the charge, and the case was afterward ar. 
gued in the higher court, in which the following opinion 
was delivered for that gallant court by Judge Gaston : 
It is not easy to state with precision the power which 
the .law grants to school-masters and teachers with re- 
spect to the correction of their pupils. It is analogous 
to that which belongs to parents, and the authority of 
the teacher is regarded as a delegation of parental au- 
thority. One of the most sacred duties of parents is to 
train up and qualify their children for becoming useful 
and virtuous members of society ; this duty can not be 
effectually performed without the ability to command 
obedience, to control stubbornness, to quicken diligence, 
and to reform bad habits ; and to enable him to exercise 
this salutary sway, he is armed with the power to ad- 
minister moderate correction when he shall believe it to 
be just and necessary. The teacher is the substitute of 
the parent ; is charged in part with the performance of 
his duties, and in the exercise of these delegated duties 
is invested with his power. The law has not undertaken 
to prescribe stated punishments for particular offenses, 
but has contented itself with the general grant of the 
power of moderate correction, and has confided the 
graduation of punishments, within the limits of this 
grant, to the discretion of the teacher. The line which 
separates moderate correction from immoderate punish- 
ment can only be ascertained by reference to general 
principles. The welfare of the child is the main purpose 
for which punishment is permitted to be inflicted. Any 



TEACHER AND PUPIL. 79 

punishment, therefore, which may seriously endanger life, 
limbs, or health, or shall disfigure the child, or cause any 
other permanent injury, may be pronounced in itself im- 
moderate, as not only being unnecessary for, but incon- 
sistent with, the purpose for which correction is author- 
ized. But any correction, however severe, which pro- 
duces temporary pain only, and no permanent ill, can not 
be so pronounced, since it may have been necessary for 
the reformation of the child, and does not injuriously af- 
fect its future welfare. We hold, therefore, that it may 
be laid down as general rule, that teachers exceed the 
limits of their authority when they cause lasting mischief, 
but act within the limits of it when they inflict tempo- 
rary pain. When the correction administered is not in 
itself immoderate, and therefore beyond the authority of 
the teacher, its legality or illegality must dej>end entirely, 
we think, on the quo anhno with which it was adminis- 
tered. Within the sphere of his authority, the master is 
the judge when correction is required, and of the degree 
of correction necessary ; and like all others intrusted with 
a discretion, he can not be made penally responsible for 
error of judgment, but only for wickedness of purpose. 
The best and the wisest of mortals are weak and erring 
creatures, and in the exercise of functions in which their 
judgment is to be the guide can not be rightfully re- 
quired to engage for more than honesty of purpose and 
diligence of exertion. His judgment must be presumed 
correct, because he is the judge, and also because of 
the difficulty of proving the offense or accumulation 



80 CORPORAL PUNISHMENT, 

of offenses that called for correction ; of showing 
the peculiar temperament, disposition, and habits of 
the individual corrected; and of exhibiting the vari- 
ous milder means jthat may have been ineffectually 
used before correction was resorted to. But the master 
may be punished when he does not transcend the 
powers granted, if he grossly abuses them. If he use 
his authority as a cover for malice, and under pretense 
of administering correction gratify his own bad passions, 
the mask of the judge shall be taken off, and he shall stand 
amenable to justice, as an individual not invested with 
judicial power. We believe that these are the rules 
applicable to the decision of the case before us. If they 
be, there was error in the instruction given to the jury, 
that if the child was whipped by the defendant so as to 
occasion the marks described by the prosecutor, the 
defendant had exceeded her authority, and was guilty 
as charged. The marks were all temporary, and in a 
short time all disappeared. No permanent injury was 
clone to the child. The only appearances that could 
warrant the belief or suspicion that the correction 
threatened permanent injury were the bruises on the 
neck and the arms ; and these, to say the least, were too 
equivocal to justify the court in assuming that they 
did threaten such mischief. We think that the instruc- 
tion on this point should have been, that unless the 
jury could clearly infer from the evidence that the cor- 
rection inflicted had produced, or was in its nature cal- 
culated to produce, lasting injury to the child, it did not 



TEACHER AND PUPIL. 81 

exceed the limits of the power which had been granted 
to the defendant. "We think, also, that the jury should 
have been further instructed, that however severe the 
pain inflicted, and however, in their judgment, it might 
seem disproportionate to the alleged negligence or 
offense of so young and tender a child, yet if it did not 
produce or threaten lasting mischief, it was their duty 
to acquit the defendant; unless the facts testified in- 
duced a conviction in their minds that the defendant did 
not act honestly in the performance of duty, according 
to her sense of right, but under the pretext of duty was 
gratifying malice. We think that rules less liberal 
toward teachers can not be laid down without breaking 
in upon the authority necessary for preserving disci- 
pline and commanding respect, and that, although these 
rules leave it in their power to commit acts of indis- 
creet severity with legal impunity, these indiscretions 
will probably find their check and correction in parental 
affection and in public opinion ; and if they should not, 
that they must be tolerated as a part of those imper- 
fections and inconveniences which no human laws can 
wholly remove or redress. (The State v. Pendergrass, 2 
Dever. and Bat. R. 365.) The opinion of this court, 
that " the welfare of the child is the main purpose for 
which punishment is permitted to be inflicted," may be 
correct, but the welfare of the school can be hardly less 
important. 

Sec. 5. The law is silent on the subject of corporal 
punishment in schools. It neither grants nor withholds 



82 CORPORAL PUNISHMENT, 

authority to inflict it. The whole subject is left to the 
judgment and discretion of the local school authorities, 
and to the sanction of general usa^e and custom. That 
the teacher must be clothed with authority to use the rod 
in certain cases is self-evident. It grows out of the very 
nature of the case, and of his relations to his pupils. 
The prudent exercise of such authority is acquiesced in 
by the opinions and practice of the whole country, and 
is almost invariably sustained by the courts, on the 
ground, not of statutory enactments, but of common cus- 
tom, common sense, common justice, and the nature and 
necessity of the case. It is only the flagrant abuse of the 
admitted right which either society or the law is dis- 
posed to frown upon and condemn. (Am. School Laws 
of 111. 1865, p. 190, dec, 15.) It is undoubtedly true that, 
in order to support an indictment for assault and battery, 
it is necessary to show that it was committed ex inten- 
tione, and that, if the criminal intent is wanting, the 
offense is not made out. But this intent is always 
inferred from the unlawful act. The unreasonable and 
excessive use of force on the person of another being 
proved, the wrongful intent is a necessary and legitimate 
conclusion in all cases where the act was designedly 
committed. It then becomes an assault and battery, 
because purposely inflicted without justification or ex- 
cuse. Whether, under all the facts, the punishment of 
the pupil is excessive must be left to the jury to decide. 
(Commonwealth v. Randall, 4 Gray, 38.) 
Sec. 6. To the Supreme Court of Indiana. (See sec. 



TEACHER AND PUPIL. 83 

1.) What is the great end of a system of public schools 
supported by the state ? Can the answer to this fun- 
damental inquiry be more comprehensively epitomized 
than in this proposition ? The chief end is to make good 
citizens. Not to make precocious scholars ; not to make 
smart boys and girls ; not to gratify the vanity of parents 
and friends ; not to impart the secret of acquiring wealth ; 
not to confer the means of achieving the ends of per- 
sonal ambition; not to enable the youth to shine in soci- 
ety ; not to qualify directly for professional success ; not 
one or all of these, but simply, in the widest and truest 
sense, to make good citizens. The state, as such, has 
nothing to do with the foregoing enumerated objects ; it 
leaves them all to other agents and other influences. If 
parents seek brilliant scholarship, morbid precociousness, 
social preeminence, affluence, or professional distinction 
for their children, the state has nothing to say ; but in- 
asmuch as none of these things are essential to a true and 
noble citizenship, the state will not enact laws, frame 
systems, levy taxes, build school-houses, and employ 
teachers to enable those parents to carry out their de- 
signs. That such selfish and subordinate ends are often 
sought through, and to some extent promoted by, the 
public schools is true, but it is not the object of pub- 
lic schools to foster such ends. The aim of the common- 
wealth is higher and broader. It has to do with the 
child only in its civil relations, as a member of the great 
body politic ; not, primarily, in its home relations, as a 
member of the family. And yet, in an important sense, 



84 CORPORAL PUNISHMENT, 

the state derives its highest and truest ideas of educa- 
tion from that divinely instituted and most perfect form 
of government — that of the family. For those very 
habits and qualities which make home pure and tranquil 
and happy, being continued and transferred from the 
child to the citizen, insure an orderly, virtuous, and 
peaceful state. Indeed, the family is the smallest or- 
ganized subdivision of the state, and the aims of public 
education are substantially accomplished when the les- 
sons of duty to the former are simply expanded so as to 
comprehend the latter. If the individual families are 
well governed and virtuous, the commonwealth can not 
be turbulent and vicious ; for the members of such fam- 
ilies will recognize their obligations to the state, as its 
political children, not less cordially than their obligations 
to their parents. This view so simplifies our problem 
that we have now but to inquire what is essential to the 
welfare of the family, what it is to be in the largest 
sense a good child, and we shall know, very nearly, what 
is essential to the welfare of the state, what it is to be a 
good citizen. Without any argument on this point, it 
will be conceded that obedience to the parental author- 
ity is a primary attribute of the good child. Even so, 
cordial submit ion to lawful authority is a primary attri- 
bute of good citizenship. 

Time need not be consumed upon this as an abstract 
proposition. Its truth is founded in the essential nature 
of all civil compacts. There can be no such thing as 
government without it. We all know that it is the very 



TEACHER AND PUPIL. 8 5 

cement of the body politic, without which its symmetri- 
cal frame-work would part asunder in a day, and anarchy 
rise upon the ruins of order. 

But obedience to justly constituted authority may be 
voluntary or involuntary. It may be cheerfully accorded 
from an intelligent conviction that it is reasonable and 
right ; or it may be extorted by an arbitrary will, armed 
with irresponsible power. The former is the boast of 
our republican freedom ; the latter is the essence of des- 
potism. The one is born of a grateful and joyous al- 
legiance to the benignant power whose strong arm is 
ever extended to protect and bless, never to oppress and 
wrong ; the other is sullenly conceded, through fear of 
the bayonet and bastile. But however antagonistic in 
theory and in their ordinary modes of action, there is a 
maxim which all governments must of necessity hold in 
common. It is this : coercion, in the last resort ; force, 
when all other means fail. First, the olive-branch, and, 
if that will not avail, then the sword. When incorrigi- 
ble iniquity and crime have finished their course, inex- 
orable justice demands that her uplifted ax shall fall. 
No human government ever did or can exist upon any 
other hypothesis. Its ministers must be clothed with 
the means of enforcing the claims of justice. The maj- 
esty of the law must be vindicated. It requires absolute 
and unequivocal obedience ; it can require no less. When 
guilt and crime force the issue, from the folds of her 
peaceful ermine leaps forth the naked sword ; the soft 
hand that writes the verdict must be mailed with steel 



86 CORPORAL PUNISHMENT, 

for its execution. There is no alternative ; there can be 
none. The mandate must be obeyed or the government 
dies. In civil governments, since the world began, the 
doctrine of " moral suasion only " belongs to Utopia, not 
to history. 

And is it not time that this dangerous fallacy were 
banished from our educational policy also ? Can that 
doctrine be safe for the school which is fatal to the 
state ? Is it the way to make good citizens to instill 
principles in the school-room which are at war with the 
cardinal ideas of civil government ? Do we not need a 
truer and sterner philosophy on this subject ? Are not 
the times upon which we have fallen fearfully suggest- 
ive? This matter is of so fundamental a character, and 
so serious in its bearings upon the present and future 
of our schools and of our country, that it demands an 
earnest examination. By many good men and eminent 
teachers the rod is wholly excluded from the precincts 
of the school-room ; force is never to be resorted to ; the 
ordeal of physical suffering is peremptorily denied a 
place in the catalogue of allowable disciplinary school 
agencies. The vicious youths whom the state gathers 
into its schools to make good citizens of, it humors 
awhile, and then, finding them unwilling, without coer- 
cion, to submit to the proper and necessary training, it 
turns them adrift -again, and lets them grow up in their 
obstinacy, fit subjects for crime and rebellion. Now, 
why is this ? Is it founded in a really sounder and 
deeper philosophy of human nature ; or is it a mere 



TEACHER AND PUPIL. 87 

Utopian theory, a morbid sentirnentalism ? Have the 
organic tendencies of the race changed, or have we 
drifted from the moorings of God and nature out upon 
the shoreless sea of experiment, in pursuit of the ever- 
receding phantom of human perfectibility ? 

Obedience is the law of God's universe — the inex- 
orable decree of his providence. And evermore in the 
background of his love and mercy to the docile and 
penitent hangs the cloud of destruction to the incorrigi- 
bly guilty. Retribution waits upon invitation. Behind 
all Jehovah's dealings with angels, men, and devils, 
there lingers an immutable, inexorable, eternal must. 
Obey and live, refuse and perish, is the epitome of 
God's natural and spiritual economy. It rules in the 
moral and material worlds ; in the destinies of individ- 
uals, of nations, and of the race. 

The unsupported body falls, is the lesson slowly and 
gently taught in the nursery, as the little childs steps 
faltering] y from father to mother, from chair to chair. 
Once learned, the law must be obeyed — death lurks at 
every precipice. Thus, one by one, kindly, impercepti- 
bly almost, God teaches us his physical laws ; and ever 
after, by sea and land, through all the realms of nature, 
the inexorable decree, " Obey or die !" attends our foot- 
steps. It is heard in the howl of the tempest ; in the 
thunders of Niagara ; it speaks to us in the earthquake 
and the avalanche ; its fiery letters gleam in the storm- 
cloud ; it sounds forth from the caverns and smoke of 
Vesuvius. We can not escape from this omnipresent, 



g3 CORPORAL PUNISHMENT, 

eternal must in the natural world. It is God's tremen- 
dous "barrier, erected everywhere, to turn us from de- 
struction — erected not in anger, but in love. It is inex- 
orable, because else it would, cease to be effective. 
Some must perish that many may live. We must obey 
the laws of health. The penalty of taking poison is 
death; the penalty of breathing foul air, sooner or 
later, is death ; the penalty of intemperance is misery, 
decay, and death. 

The same unchangeable decree follows us in the 
moral world. We must obey the moral law or suffer, 
physically as well as mentally. Here, too, God has no 
scruples about enforcing his commands by the ordeal 
of pain. He does not stop with " moral suasion " merely. 
He not only 2^eads with divine tenderness, but he chas- 
tises with divine uncompromising firmness and severity. 
Sin and suffering are indissoluble. In the cup of every 
forbidden pleasure there lurks a viper, which sooner or 
later will sting both soul and body. No tortures of the 
body can compare with the agonies of the spirit ; but, 
in due time, for every infraction of the moral code, the 
former are superadded to the latter. " Thou shalt not 
kill !" is the sententious decree which epitomizes the 
divine regard for human life. Not, " It is not best to 
be a murderer ; it is not right ; you will be far happier 
if you do not ; you should respect the rights and happi- 
ness of others ; do not, I beseech you, do not be a mur- 
derer ;" but, ringing through the earth, the terse man- 
date of God falls loud and clear upon the race, Thou 



TEACHER AND PUPIL. 89 

shalt not hill! And who can depict the terrors that 
gather about and haunt the guilty wretch who violates 
the prohibition, goad and haunt him to his dying hour, 
even if swift destruction does not overtake him at the 
hands of the law ? A fugitive and a vagabond, pursued 
through the earth by the sleepless and relentless Neme- 
sis of vengeance ; scourged by the scorpion lash of con- 
science ; pale and wasted and haggard, he drags himself 
onward to a premature grave, or invokes the suicide's 
doom. Thus does the everlasting must confront the 
transgressor at every turn. 

And as it is with individuals, so it is with nations. 
The track of centuries is strewn with the memorials 
of Jehovah's tremendous judgments upon states and 
empires that would not obey his law. " The wicked 
shall be turned into hell, and all the nations that for- 
get God," is the record which six thousand years have 
confirmed. " The mills of the gods grind slowly," but 
sooner or later retribution, resistless and appalling, 
closes the career of national injustice and wrong. So it 
has been in the past, so it is now, so it will ever be. 
Mercy, forbearance, entreaty, persuasion, are tried first ; 
the light of reason, the warnings of experience, the 
monitions of Providence, are given to avert the impend- 
ing blow. Truth and virtue, justice and freedom, are 
inscribed upon the banners beneath which the God of 
history would lead the nations to the millennial day. 

But when these great lights in the moral firmament 
are eclipsed; when the immutable principles of the 



90 CORPORAL PUNISHMENT, 

divine law and government are trampled in the dust ; 
when, after ages or centuries of wrong and oppression 
and cruelty and profligacy, the cup of iniquity is at last 
full, then " destruction cometh as a whirlwind," and the 
nations, pale and affrighted, understand how the loving 
God can also be " a consuming fire." In the rear of his 
benignant providence ever moves the avenging must. 
Supplementary to the blessed years of probation, if re- 
jected and defied, come the red years of perdition. 

Sodom and Gomorrah were not purified, in the end, by 
moral suasion, but by fire and brimstone. Insolent and 
incorrigible rebels against the theocracy, in the days 
of Joshua and his successors, were not conciliated, but 
crushed by the legions of Israel, led by the direct com- 
mand of the Almighty. When the haughty Egyptian 
monarch would not listen to the " moral suasion " of 
Moses, and let his groaning people go, God plied the rod 
again and again and again, terribly and more terribly 
still, till the wail of death arose from every house. And 
when at last the despot lied, and sought again to put his 
foot upon the necks of His chosen ones, the whelming 
waters of the Red Sea were the final argument, the last 
stroke of the Master's terrible rod. 

The lands of Cicero and Pericles, with all their wealth 
and pomp and power and art and taste, became the cen- 
tres of false philosophy, injustice, (banishing "Aristides 
the Just" simply because he was just,) and inhuman op- 
pression, and God's avengers, the Goth and Hun and 
Persian, spared them not. Paris became the Babylon 



TEACHER AND PUPIL. 91 

of moral abominations, drunk with the wine of atheism, 
mad with the diabolism of hatred to God and his truth ; 
and through blood and flame and agony he led that peo- 
ple back, and taught them how deep and sure is the per- 
dition of the nation that will forget God. 

No, the doctrine of force, of physical punishment in 
the last necessity, can not be excluded without violence to 
the truth of history, the facts of experience, and the rev- 
elation of God's word. It was ordained with the mur- 
der of Abel, vindicated in the tragedy of a drowning 
world at the deluge, promulgated in terms at Sinai, 
attested by the fiery judgments of every nation and 
epoch, and is to-day confirmed by the testimony of 
teachers of every land, confirmed by the ordeal of trial, 
and demonstrated in the desolating storm that recently 
raged over the land df Washington. 

Let us beware how we exclude this doctrine from our 
theories of school and parental discipline, lest haply we 
be found fighting against the best interests of our chil- 
dren, against the weal of the Republic, against the 
ordinance of God. 

TVho can say that, among the germinal concurrent 
causes that precipitated the great rebellion, the wide- 
spread theory that moral forces alone should be employed 
in the family, the school-room, and, by logical inference, 
in the government itself, did not play an important part ? 

Children rebel ; the parents persuade : the rebellion 
continues; the rod is not invoked; punishment would 



92 CORPORAL PUNISHMENT, 

not be in accordance with the " spirit of the age !" the 
children only want " to be let alone." 

Pupils rebel ; the teacher admonishes, appeals to their 
sense of honor and right, to their conscience and moral 
sense: the rebellion continues; the rod sleeps, punish- 
ment is withheld — the enlightened sentiment of the age 
must not be outraged ! the pupils only wish " to be let 
alone" 

Eleven States rebel and defy the authority of the gov- 
ernment. The government implores, points to her kind- 
ness and protection in the past, pledges a continuance in 
the future ; the rebellious States will not listen, they are 
defiant still, they point their artillery upon Sumter, 
they threaten war ; but amid their parricidal prepara- 
tions they deprecate force. " Do not coerce us ; let us 
alone, we only want to be let alone." But the theory 
of " moral suasion " ended here, the national heart soon 
set itself right again, the heresy was lost amid the clash 
of arms, millions of men were employed to inflict corpo- 
ral punishment upon the rebellious, God's lesson of force 
was believed in and practiced at once, and amid the 
thunder of battle the bubble of "no coercion" burst, 
and forever. Is there not a connection in these cases? 
Did not the leaven of insubordination begin to work at 
the fireside and in the school-room ? Was not the de- 
mand of the men of the South to be let alone, the legit- 
imate outgrowth of such theories and such teachings? 
"Was it not logical ? Did it not give rise, in part, to the 
namby-pambyism of even good and loyal men about co- 



TEACHER AND PUPIL. 93 

ercion and subjugation? Could the stern old doctrines 
of the Bible and of our fathers ever lead to such results ? 
Is it conceivable that men deriving their notions of jus- 
tice and punishment from such sources should take up 
arms against so mild and good a government, and then 
ask to be let alone? We do not say that these false 
ideas of parental and school government were the main- 
spring of the rebellion, but we can not help thinking that 
they cooperated with other causes to hasten the crisis. 
Was it possible for the South to suppose the North, 
where so much had been said and written in behalf of 
moral suasion, would at once and unitedly adopt the pol- 
icy of coercion ? However this may be, it is clear that 
such theories and teachings are fundamentally wrong 
and dangerous, and must issue in disaster to the family, 
the school, and the state. 

We yield to no one in the prominence we would give 
to distinctive moral forces. We go with the moral sua- 
sionists in every thing, except that, when they fail, zoe 
have one more remedy to try before we give the case up 
as hopeless. We do not say that some schools can 
not be properly governed without resorting to corporal 
punishment. All we claim is, that the right should be 
reserved for the case when it comes, if it comes. Pun- 
ishment is the jusl^and righteous penalty of incorrigible 
disobedience, sanctioned by both divine and human au- 
thority, and vital in all governments, parental, school, and 
civil. Children instinctively assent to the truth of those 
principles. If their moral training has been at all what it 



94 CORPORAL PUNISHMENT, 

should be, they expect punishment to succeed persistence 
in evil doing, as a matter of course, and their sense of 
right is disappointed, shocked, if it does not come. It 
seems to us that no sound and healthy moral nature, 
especially if the Bible and experience have been the 
guides, can withhold its a£>probation from such a doc- 
trine. 

Obedience in the family is the invariable assurance of 
obedience in the school. Obedience in the school makes 
loyal and obedient citizens of the state ; loyal, patriotic, 
and obedient States make rebellion and treason to the 
government impossible. And the doctrine of the right- 
eousness and certainty of ultimate severe punishment for 
crime and wickedness is the corner-stone of all intelli- 
gent and lasting obedience. Who can estimate the 
value of such sentiments deeply rooted in the minds 
and hearts of the five millions of school children in the 
Northern States ? How sublime is the evidence of the 
growth and power of such sentiments, imperfectly in- 
culcated as they have been ; what a glorious affirmance 
of the national utility of free schools ! Not a State that 
participated in the great rebellion ever had a system of 
free schools worthy of the name ; and there was scarcely 
a loyal one that had not long pointed with pride to such 
a system. The line of free schools divided the loyal and 
rebel States almost as sharply as the different camps of 
the contending armies. No; neither revelation, history, 
experience, nor mental or moral philosoj^hy, rightly in- 
terrogated, can be made to support the theory that force 



TEACHER AND PUPIL. 95 

should never, in the last resort, be invoked to extort obe- 
dience to the demands of just and rightful authority. 
But have these views been inculcated in our ]mblic 
schools with the earnestness and fidelity which their im- 
portance demands? Is not insubordination bold and 
rampant among our youth ? Has it not been increasing 
for years ? Having been so long " sowing the wind," 
have we not begun to " reap the whirlwind " ? and does 
not the harvest give promise of being fruitful and ter- 
rific ? 

It is in our common schools and families that these 
ideas of obedience must first be implanted in the mind 
and heart. We must there seek to enthrone in the soul 
just conceptions of the majesty and dignity of law / to 
inculcate a cordial recognition of the divine supremacy 
and grandeur of rightful authority. Children will thus 
be early brought to admit the nobleness, the blessedness, 
of hearty and joyous submission to such authority. 
They will learn to delight in a full surrender" of con- 
scious ignorance and weakness to the guidance of wis- 
' dom and strength. They will see in a cheerful subor- 
dination to just and duly constituted authority the 
highest glory and dignity of man. They will come to 
repudiate the foolish dogma, so common among the 
children of this generation, that submission is necessa- 
rily degradation ; and assent to the truth that, when 
yielded to rightful authority, wielded by those lawfully 
invested therewith, submission is an honor, not a degra- 
dation. Thus the habit of reverent allegiance is 



96 CORPORAL PUNISHMENT, 

wrought in the depths of the soul, and the duty of obe- 
dience to legitimate, beneficent human laws is associ- 
ated, from early life, with that profound regard which is 
due from all finite intelligences to the Supreme Governor 
of the universe. 

Once invested with these lofty attributes, the govern- 
ing power sways its sceptre over willing minds and loyal 
hearts, whether in the family, the school, or the state. 
It is regarded not as the grim despot of iron visage and 
flinty heart, but as a friend, robed with paternal benig- 
nity and of genial aspect ; the calm but inflexible dispen- 
ser of justice and mercy ; " the terror of evil-doers," 
indeed, but also " the praise of those that do well." Nor 
is this elevated conception of the nature and duty of 
obedience an impracticable abstraction. Its essential 
idea may be imparted to and understood by very young 
children. Not, indeed, in the form of logical proposi- 
tions, nor by any labored effort of didactics, but by the 
more plain and potent teaching of example and experi- 
ence of its beneficent results in the family and school, 
seconded by the instincts and intuitions of the moral 
nature. Right principles may be born in the heart, ap- 
proved by the conscience, and exercised in the life long 
before they are or can be compressed to the standard, or 
cut to the sharp dimensions, of logical formulas and 
maxims. 

How inexpressibly hopeful and promising the manhood 
and citizenship of those who, in early life, are thus led to 
see and feel the nobleness and magnanimity of obedience 



TEACHER AND PUPIL. 97 

to just authority; by which the reasonableness and 
necessity of submission to salutary restraints is cordially 
admitted; whose judgment and conscience respond to 
every appeal of truth and duty ; whose feelings and sen- 
timents are firm and decided in favor of law and order, 
and uncompromising in their indignant rebuke of all 
that is low and base and rebellious. It will thus be 
seen that the blessings of that obedience which is essen- 
tial to the welfare of the school do not cease when its 
immediate ends have been subserved. There are other 
and higher considerations which look beyond the horizon 
of the school-room to distant years, when the boy, 
clothed with the attributes and responsibilities of man- 
hood, shall take his place as a member of the civil com- 
munity. And thrice happy the state whose sons shall 
leave the school-room with a profound regard for the 
majesty of just and righteous law ; with true ideas of 
the relations of the governed to the governing power ; 
with a lofty sense of their obligations as citizens ; with 
warm and filial love for the institutions of their country, 
and a steadfast purpose ever to maintain and defend 
them. (Made up from Hon. "N. Bateman's Fourth Bien- 
nial Report, pp. 107-117.) 



CHAPTER VI. 

PUNISHMENT FOR MISCONDUCT OUT OF SCHOOL. 

Sec. 1. When the late Hon. John C. Spencer, a 
gentleman of such eminent legal ability that he had 
scarcely a peer at the New-York bar, was Superintend- 
ent of Schools for the State of New-York, he is said to 
have given the following opinion : The authority of the 
teacher to punish his scholars extends to acts done in 
the school-room or play-ground only; and he has no 
legal right to punish for improper or disorderly conduct 
elsewhere. (Randall's Com. School Sys. p. 262.) But 
the opinion of any one man, whatever may be his posi- 
tion and learning, can not stand against the decision of 
the courts. We have preferred, therefore, to go back 
of this opinion, and look at the law for ourselves. Al- 
though we must confess that in the outset we expected 
to find authorities to support the opinion rather than to 
controvert it, now, however, after long and laborious 
research, we believe that our preconceived notions were 
erroneous; for" although the courts have rarely been 
called upon to consider this subject, it has, nevertheless, 
been before them, and the law urjon it has been fully 
and clearly explained. 



PUNISHMENT FOR MISCONDUCT. 99 

Sec. 2. A music-master in trouble. — This was an ac- 
tion for an assault, in which the defendant, as music- 
master of the Chichester Cathedral, pleaded a justifica- 
tion of the trespass, as committed by him, in correcting 
the plaintiff, who was a chorister of the cathedral, and 
had absented himself from his duty. The cause was 
tried at the Assizes at Sussex, when a verdict was found 
for the plaintiff for the sum of £5, it being held that the 
justification was not sustainable. It appeared that the 
plaintiff had applied to the master for leave to go and 
sing at a certain club, but permission was refused. 
Notwithstanding this refusal the plaintiff went to the 
club, and on the next day the defend ant, as music-mas- 
ter of the cathedral, and consequently having jurisdic- 
tion over the choristers, corrected the plaintiff, and com- 
mitted the assault complained of. At the trial evi- 
dence was offered of the practice at other cathedrals, 
but was rejected. Evidence was also proposed to be 
brought forward in order to show that the chorister's 
practicing at the clubs disqualified him for singing 
in the cathedral. The judge at the trial thought the 
evidence too general, and rejected it. The defendant 
now moved, on the ground of misdirection, to set aside 
the verdict, and have a new trial. Mr. Justice Bayley 
observed, thereupon, that " the boy was under an 
obligation to attend in the church at certain periods, 
in order to receive instruction, but that the master 
had no occasion for his services at the time when 
his absence was complained of." And Chief-Justice 



100 PUNISHMENT FOR MISCONDUCT 

Abbott said, that, " supposing the boy had bathed and 
caught cold, that would be injurious to his singing, but 
would not justify the measures adopted by the defend- 
ant." A new trial was therefore refused. (Newman 
v. Bennett, 2. Chitt. 195.) This decision, it will be ob- 
served, does not go so far as to say that the music-mas- 
ter could under no circumstances punish his pupils for 
misconduct out of school hours; but it would seem that 
the alleged cause of the punishment was the absence of 
the pupil from duty ; and one of the judges merely de- 
cides that " at that time the master had no occasion for 
the services " of the pupil, and consequently the defense 
foiled. And the chief-justice merely added to this, that, 
even if the boy did injure his voice singing at the clubs, 
he did not thereby commit such an offense as would 
justify the master in correcting him corporally. The 
court, therefore, seem to have been unwilling to declare 
that the master could under no circumstances punish his 
pupil for misconduct out of the hours set apart for in- 
struction, but confined themselves rather to this particu- 
lar instance, and, without declaring any general princi- 
ple, decided that the offense was not sufficient to justify 
the act of the teacher. »It must be borne in mind, also, 
that this is a decision in reference to the authority of a 
music-teacher only, and that the jurisdiction of other 
teachers is altogether more extended. Consequently, 
even if the court had decided that the jurisdiction of 
music-masters could not in any instance extend to acts 
done outside of the school, such a decision would in no 



OUT OF SCHOOL. 101 

respect define or limit the authority of other teachers. 
Music-teachers, we believe, do not, as a general thing, 
claim or care to be held responsible for the • conduct of 
their pupils, except during the particular hours that 
have been set apart for their instruction. The music- 
teacher's duty is merely to develop the musical facul- 
ties, and he has no more power given him by law than 
is necessary for the accomplishment of that end. The 
duty of other teachers is not so circumscribed. They 
are employed for vastly greater purposes. They must 
teach the science of health with all the learning, but 
without the pay, of the doctor ; they must inculcate the 
principles of morality with all the impressive sincerity, 
but without the sectarianism, of the minister ; they must 
be altogether more patient and discreet than parents, 
and more even-tempered than God Almighty himself — 
for he was " wroth " when he punished the wicked, 
whereas, if a teacher punishes in anger, he is guilty of 
an assault and battery ; they must invent schemes to in- 
vert human nature, and make every good thing and 
thought enticing, and every bad thing and thought 
abominably disgusting, especially to the " desperately 
wicked," who have " no good in them ;" they must ten- 
derly moderate the zeal of the too ambitious, and in- 
spire the dullest blockhead with a manly thirst for fame 
and knowledge; and the incorrigibly uncouth and 
vicious they must endow with the tastes, instincts, and 
manners of the refined and virtuous. And, in short, 
they must turn all from the thousand paths that lead to 



102 PUNISHMENT FOR MISCONDUCT 

indolence, ignorance, and folly, and prepare them to 
find infallibly all the ways of pleasantness and all the 
paths of 2^eace. These are the high purposes for which 
teachers are eunoloyed ; and it would be a shame and a 
reproach to require so much of them, and at the same 
time tie their hands by withholding from them the 
power which is indispensable to their success. The law 
is not so unreasonable ; for with every well-defined 
duty the law gives an incontestable right to all the 
power necessary for the performance of that duty. 

Sec. 3. A Remarkable Case. — In the Court of Com- 
mon Pleas of Lawrence county, Indiana, a teacher 
was tried, about six years ago, for assault and bat- 
tery, and found guilty under the following circum- 
stances : The evidence showed that the alleged as- 
sault and battery was inflicted by the defendant in the 
capacity of a school-master, on the prosecutor, a boy 
of some fifteen or sixteen years of age, as a pupil at- 
tending his school, by way of correction, for a viola- 
tion of the rules of the school by the prosecutor. It 
also appeared that the correction was administered 
by the defendant on the prosecutor after the ad- 
journment of the school in the evening, and while 
the latter was on his way home, for an act committed 
during that' time, and which was seen by the defend- 
ant, who thereupon administered the correction by 
the infliction of sundry stripes with an ordinary-sized 
rod. There was nothing conducing to show that the 
correction was other than reasonable and moderate. 



OUT OF SCHOOL. 103 

The court instructed the jury that, although the de- 
fendant, as a teacher, was by law vested with the 
delegated authority to exercise control over the prose- 
cutor as his pupil during school hours, yet after the ad- 
journment of his school, and after the prosecutor had 
left and was on his way home, his authority over him 
had terminated, and his act of administering correction 
under the circumstances was unauthorized by law, and 
they must find accordingly; but in fixing the defendant's 
punishment, they should take into view all the circum- 
stances attending the case, and especially the motives 
of the defendant in committing the act, and if they 
should find the circumstances to warrant it, they 
might fix the fine as low as one cent, and without 
costs. Under these instructions the jury were con- 
strained to find the defendant " guilty ;" but they fixed 
the fine at " one cent, and without costs," as had been 
suggested by the court. (State of Indiana v. Ariel 
Flinn, in Bedford Independent.) Here, then, we find 
both court and jury evidently feeling themselves ham- 
pered by what they suppose to be the law, but virtually 
justifying the act of the teacher, which no doubt was 
right and proper. This case has often been cited as a 
strong one against the teacher's right to punish for mis- 
behavior on the way to and from school, but we can 
not so regard it. We think it an excellent illustration 
rather of what courts and juries will do to shield the 
prudent and conscientious teacher from harm. The 
only indiscreet thing the teacher in this case seems to 



104 PUXISHMENT FOR MISCONDUCT 

have done was to inflict the punishment out of school. 
We think it would have been more prudent to wait 
until the next day, and inflict the punishment in the 
school. It is always better to take time for reflection 
before an act, the propriety of which is likely to be at 
all questioned. Besides, the teacher's jurisdiction in the 
school-room would be less likely to be disputed, and, if 
it were, he could find more and better authorities to 
support him. In fact, the authority of the teacher to 
punish for the offense may in some measure depend 
upon whether the scholar continues under the jurisdic- 
tion of the master. For, if the scholar, after leaving 
the school in the evening, committed an offense as in 
this case, but never again returned to the school, we 
think that the teacher's right to inflict punishment 
under such circumstances would be more than doubtful. 
Consequently, we would advise the punishment to be 
deferred in all cases until it can be inflicted in the 
school-room. 

Sec. 4. In Rhode Island the teacher should endeavor 
to exercise an inspection over the conduct of his scholars 
at all times. But the power tq, punish for offenses com- 
mitted out of school is considered doubtful. In a case 
where a boy had committed a theft out of school the 
teacher called him to account for it, and punished him 
for refusing to answer. The court ruled that the teacher 
had no right to punish him for refusing to confess a 
crime for which he might be punished at law. In con- 
nection with this decision it must be borne in mind that 



OUT OF SCHOOL. 105 

the law does not require criminals to confess their guilt, 
Consequently any punishment for such a refusal, whether 
the crime is committed in school or out of school, would 
probably meet with no favor in the courts. The law 
permits criminals to confess their crimes, but it will not 
force them to do so. The decision in this case, then, 
does not place the Rhode Island court against the policy 
of punishing for misconduct out of school. (See Pub. 
School Acts of R. I. 1857, with Rem. p. 53.) The fol- 
lowing upon this subject is from an excellent French 
treatise upon education, by J. Willm, Inspector of the 
Academy at Strasbourg, p. 176 : " The last question which 
presents itself is, how far teachers should pay attention 
to the conduct of the pupils out of school, and especially 
at the time when they resort to it or return home. The 
road leading to school is truly a part of it, if we may so 
speak, as well as the play-ground. Consequently any 
disorders committed by the pupils on it ought to be sup- 
pressed by the teacher. He ought especially to watch 
over them at their play, for the sake of discipline, as well 
as for that of education in general. Their games are, as 
has been said, of serious importance to him. The con- 
duct of the pupils, when under the paternal roof, and 
everywhere but in the school or the road leading to it, 
escapes all the means of discipline ; but the teacher ought 
not to be indifferent to that conduct, especially in the coun- 
try; he should carefully inquire concerning it, for the 
sake of moral education. For the same reason, he will 
have to watch over his own conduct out of school, and 



108 PUNISHMENT FOR MISCONDUCT 

avoid whatever might tend to diminish the respect his 
pupils owe to him, and which is the chief condition of 
the success of his mission." 

Sec 5. Massachusetts. — " The question is not without 
some practical difficulty, how far the school committee 
and teachers may exercise authority over school children 
before the hour when the school begins or after the hour 
when it closes, or outside of the school-house door or 
yard. On the one hand, there is certainly some limit to 
the jurisdiction of the committee and teachers out of 
school hours and out of the school-house ; and, on the 
other hand, it is equally plain, if their jurisdiction does 
not commence until the minute for opening the school 
has arrived, nor until the pupil has passed within the 
door of the school-room, that all the authority left to 
them in regard to some of the most sacred objects for 
which our schools were instituted would be but of little 
avail. To what purpose would the teacher prohibit pro- 
fane or obscene language among his scholars, within the 
school-room and during school hours, if they could in- 
dulge it with impunity and to any extent of wantonness 
as soon as the hour for dismissing the school should 
arrive? To what purpose would he forbid quarreling 
and fighting among the scholars at recess, if they could 
engage in single combat, or marshal themselves into 
hostile parties for a general encounter within the pre- 
cincts of the school-house, within the next five minutes 
after the school-house should be closed'? And to what 
purpose would he repress insolence to himself, if a scholar, 



OUT OF SCHOOL. 107 

as soon as lie had passed the threshold, might shake his 
fist in his teacher's face and challenge him to personal 
combat ? These considerations would seem to show that 
there must be a portion of time, both before the school 
commences and after it has closed, and also a portion of 
space between the door of the school-house and that of 
the paternal mansion, where the jurisdiction of the 
parent on one side, and of the committee and the 
teachers on the other, is concurrent. 

" Many of the school committees in this commonwealth 
have acted in accordance with these views, and have 
framed regulations for the government of the scholars, 
both before and after school hours, and while going to 
and returning from the school. The same principle of 
necessity, by virtue of which this jurisdiction out of 
school hours and beyond school premises is claimed, de- 
fines its extent and affixes its limit. It is claimed because 
the great objects of discipline and of moral culture would 
be frustrated without it. When not essential, therefore, 
to the attainment of these objects, it should be forborne." 
(10 Report of Hon. Horace Mann.) 

Sec. 6. Ohio. — The legal right of the teacher to pun- 
ish his scholars for disorderly acts done in the school- 
room, or on the play-ground, before the opening of the 
school, after its close, during morning or afternoon recess, 
or at noon, has been fully recognized by the courts of 
this country. But whether his authority to punish his 
scholars extends to immoral or disorderly conduct else- 
where, is not so fully established. By some it is con- 



108 PUNISHMENT FOR MISCONDUCT 

tended that the legal right of a teacher to inflict cor- 
poral punishment upon a scholar in any case is derived 
from the fact that he stands in loco parentis, and that, 
therefore, it can not be extended to acts done before this 
relation has commenced, or after it has terminated, with- 
out the express consent of the parent. It is further con- 
tended that this delegation to the teacher of the power 
allowed by law to the parent over the person of his child 
does not take place till the child has reached the school 
premises, and must end when he leaves for home. On 
the contrary, it is maintained by others, that the right of 
a teacher to hold his scholars responsible for improper 
conduct on their way to and from school is fully sanc- 
tioned by usage. Under all the circumstances, it is be- 
lieved that the most prudent course for a teacher to take 
in a case like the one presented would be to notify the 
parent of the misconduct complained of, and if his per- 
mission to punish the offending scholar can not be ob- 
tained, and the disorderly behavior be repeated, then to 
refer the matter to the board of education. There can 
be no doubt that boards of education possess the legal 
power to make and enforce such rules and regulations as, 
in their judgment, may be necessary for the best interests 
of the schools within their jurisdiction; and it is their 
duty as well as their right to cooperate with the teacher 
in the government of the school, and to aid him to the 
extent of their power and influence in the enforcement 
of reasonable and proper rules and regulations, and to 
dismiss a scholar from the school whenever he uses at 



OUT OF SCHOOL. 109 

school, or on his way to or from the same, such rude, 
vulgar, or profane language, and exhibits such a degree 
of moral depravity generally, as to render his association 
with other scholars dangerous to the latter, or whenever 
he manifests such violent insubordination as to render 
the maintenance of discipline and order in the school im- 
practicable or extremely difficult. It is also the duty as 
well as the legal right of the local directors to see that 
the general character, usefulness, and prosperity of the 
school are not impaired by allowing those to remain in 
it whose whole influence, conduct, and bad character 
have forfeited all claim to the enjoyment of its privi- 
leges. (H. H. Barney, Commissioner of Com. Schools, 
1855.) 

We would remark here that the teacher, in legal effect, 
does stand in loco parentis; but he is clothed with his 
authority by law and not by any particular parent or 
parents. This is evident from the fact that the teacher 
has precisely the same authority over his scholar, whether 
the parents be living or not. The child, by entering the 
school, is at once under the jurisdiction of the teacher, 
and the only difficulty the law has upon the point is to 
determine definitely just where that jurisdiction ought 
in justice to all parties to terminate. There is no neces- 
sity for any delegated authority from the parent; the 
law implies that, and even grants it, whether the parent 
consents or not. The only way for the parent to limit 
the legal jurisdiction of the teacher is to take his child 
out of school. The board of education, however, being 



110 PUNISHMENT FOR MISCONDUCT 

clothed with sufficient power by law, may define the 
jurisdiction of the teacher, and, unless they transcend 
their power, he must submit to their ruling. There is 
no privity of contract between the parents of pupils to 
be sent to school and the school-master. The latter is 
employed and paid by the town, and to them only is he 
responsible on his contract. (23 Peck. 224; 14 Barb. 
225; 38 Maine, 376.) 

Sec. 7. The Universal Custom in New-England 
/Schools. — The following opinion will hardly be ques- 
tioned by any good lawyer, as it is well known in the 
profession that the court which delivered it is one of the 
ablest in the Union. It appeared from the evidence in 
the case that about an hour and a half after the scholar 
reached home in the evening, he used insulting language 
to the teacher in the presence and hearing of other mem- 
bers of the school. The teacher punished the offender 
the next day in school. Able counsel were engaged on 
both sides, and as the first decision was not satisfactory, 
the case was appealed and argued with great ability 
before the Supreme Court. The judges all agreed upon 
the following opinion : There seems to be no reasonable 
doubt that the supervision and control of the master over 
the scholar extends from the time he leaves home to go 
to school till he returns home from school. Most parents 
would expect and desire that teachers should take care 
that their children, in going to and returning from school, 
should not loiter, or seek evil company, or frequent vicious 
places of resort. Even after the pupil has reached home, 



OUT OF SCHOOL. HI 

and has been there some time, if he should commit an 
act of misbehavior which would have a direct and im- 
mediate tendency to injure the school and to subvert the 
master's authority, he may be punished for it in school 
the next day. The misbehavior must not have merely a 
remote and indirect tendency to injure the school. All 
improper conduct or language may perhaps have, by in- 
fluence and example, a remote tendency of that kind. 
But the tendency of the acts so done out of the teacher's 
supervision, for which he may punish, must be direct and 
immediate in their bearing upon the welfare of the school, 
or the authority of the master and the respect due him. 
Cases may readily be supposed which lie very near the 
line, and it will often be difficult to distinguish between 
the acts which have such an immediate and those which 
have such a remote tendenc}^. Hence each case must be 
determined by its peculiar circumstances. Acts done to 
deface or injure the school-room, to destroy the books of 
scholars, or the books or apparatus for instruction, or the 
instruments of punishment of the master ; language used 
to other scholars to stir up disorder and insubordination, 
or heap odium or disgrace upon the master ; writings and 
pictures placed so as to suggest evil and corrupt lan- 
guage, images, and thoughts to the youth who must fre- 
quent the school; all such or similar acts tend directly to 
impair the usefulness of the school, the welfare of the 
scholars, and the authority of the master. By common 
consent, and by the universal custom in our New-Eng- 
land schools, the master has always been deemed to have 



112 PUNISHMENT FOR MISCONDUCT 

the right to jmnish such offenses, (even though, as in the 
present case, they are committed out of school hours.) 
Such power is essential to the preservation of order, de- 
cency, decorum, and good government in schools. (Lan- 
der v. Seaver, 32 Vermont R. 120.) We cite the fore- 
going authority with the utmost confidence, and believe 
it to be entirely correct. But even though the teacher's 
right to punish for misbehavior on the way to and from 
school is fully established in point of law, yet, on account 
of the opposition which it meets with in some localities, 
we think that it should be exercised only when it appears 
to be absolutely necessary for the welfare of the school ; 
nor then, except upon the most mature reflection and 
with the utmost discretion. A teacher may refuse en- 
tirely to exercise this right ; and he will probably fare 
better, even in the courts, than if he had adopted the 
other course and laid himself liable by exercising the 
right unnecessarily or indiscreetly. The intelligent and 
conscientious teacher, however, who sees the necessity 
and acts from good motives and with discretion, need 
not be deterred from doing his duty, even to the extent of 
exercising all his rights — this particular one not excepted 
— and he need not fear the consequences. For as he will 
have done but his duty, the courts of justice will protect 
him from harm — the most able by fully justifying his 
acts, and the less enlightened by fining him " one cent, 
and without costs." 

Sec. 8. Pupils shall be considered under the govern- 
ment of their teachers while going to and returning 



OUT OF SCHOOL, 113 

from, as well as when in, the school-room. (By-Laws of 
Md. Comrs. 1865, p. 20.) The jurisdiction and author- 
ity of the teacher over the pupil is neither limited by 
the school-house walls nor to the time the school is 
actually in session. As a general rule, in all matters 
legitimately connected with the schools and the man- 
ners and morals of the scholars, the teacher's jurisdic- 
tion commences when pupils leave the parental roof and 
control to go to school, and continues until their return 
from school. The teacher, however, is not responsible 
for the misconduct of pupils on the way to and from 
school, though he has the right to punish for such mis- 
conduct when brought to his knowledge. (Pa. School 
Laws and Dec. 1866, p. 74.) 

It was the intention of the Legislature to make the 
public schools a system of moral training as well as 
seminaries of learning; and it is as necessary in the 
unreserved intercourse of pupils of the same school, as 
well without as within its precincts, to preserve the 
pure-minded, ingenuous, and unsuspecting children of 
both sexes from the contaminating influence of those 
of depraved sentiments and vicious propensities and 
habits, as from those infected with contagious diseases. 
Consequently, when a teacher expelled a scholar for her 
immoral practices while at home evenings, his action 
was sustained by the committee, and afterward by the 
court, although no fault whatever had been found with 
the girl's conduct in school. (Sherman v. The Inhab- 
itants of Charlestown, 8 Cush. R. 164.) 



114 PUXISHMEXT FOR MISCONDUCT 

Sec. 9. The following positions, as general rules, in 
reference to the control which a teacher- may legally 
exercise over his pupils in respect to time and place, 
are, we believe, fully sustained in law : 

1. In the school-room the teacher has the exclusive 
control and supervision of his pupils, subject only to 
such regulations and directions as may be prescribed or 
given by the school committee. 

2. The conduct of the pupils on any part of the 
premises connected with the school-house, or in the im- 
mediate vicinity of the same, (the pupils being thus vir- 
tually under the care and oversight of the teacher,) 
whether within the regular school hours or before or 
after them, is properly cognizable by the teacher. And 
any disturbances made by them, or offenses committed 
by them, within this range, injuriously affecting in any 
way the interests of the school, may clearly be the sub- 
ject of reproof and correction by the teacher. 

3. In regard to what transpires by the way in going 
to or returning from school, the authority of the teacher 
may be regarded as concurrent with that of the parent. 
So far as offenses are concerned for which the pupils 
committing them w^ould be amenable to the laws, such 
as larcenies, trespasses, etc., which come more particu- 
larly within the category of crimes against the State, 
it is the wisest course generally for the teacher (what- 
ever may be his legal power) to let the offenders pass 
into the hands of judicial or parental authority for dis- 
cipline and punishment. And it is never worth while 



OUT OF SCHOOL. 115 

for teachers to exercise any doubtful authority, as they 
may thereby involve themselves in controversies with 
parents and others, and expose themselves to the lia- 
bility of being harassed by a prosecution at law. 

But as to any misdemeanors of which the pupils are 
guilty in passing between the school-house and their 
homes, which directly and injuriously affect the good 
order and government of the school, and the right train- 
ing of the scholars, such as truancy, willful tardiness, 
quarreling with other children, the use of indecent and 
profane language, etc., there can be no doubt that these 
come within the jurisdiction of the teacher, and are 
properly matters for discipline in the school. 

4. Teachers may, at their discretion, detain scholars 
a reasonable time after the regular school hours, for the 
purposes connected with the discipline, order, or instruc- 
tion of the school. This practice has been sanctioned 
by general and immemorial usage among our schools, 
and by the authority and consent of school committees, 
expressed or implied, and has been found exceedingly 
useful in its influence and results. (Hooker.) 



CHAPTER Vn. 

THE INSTRUMENT TO BE USED IN PUNISHING. 

Sec. 1. Whether the instrument used by the teacher, 
for the punishment of a pupil, was a proper one, is for 
the jury to decide, in consideration of all the circum- 
stances of the case. Evidence that the same kind of 
instrument was used in other schools in the vicinity will 
rebut the charge of malice, by showing that the teacher 
did not resort to an unusual instrument. (Lander v. 
Seaver, 32 Vermont R. 125.) 

Sec. 2. The Supreme Judicial Court of Massachusetts 
are of the opinion that a ferule is a proper instrument 
of punishment. In the case in which this decision was 
rendered, there was evidence that the pupil disobeyed 
a proper rule of school, which had been published by 
the defendant to the school in her presence. The de- 
fendant introduced evidence to show that the pupil was 
obstinate, told falsehoods, and was insolent before and 
during the time of punishment; and alleged that it was 
for all these faults that he inflicted the punishment. 
There was also evidence tending to show that the pun- 
ishment was not very severe till after the pupil had 



INSTRUMENT TO BE USED IN PUNISHING. 117 

replied to him with insolent -words and manner ; and it 
was proved that the defendant ceased punishing when 
the pupil acknowledged her fault, asked forgiveness, 
and promised to behave better. The defendant asked 
the judge to instruct the jury " that a school-teacher is 
amenable to the laws, in a criminal prosecution for pun- 
ishing a scholar, only when he acts malo animo, from 
vindictive feelings, or under the violent impulses of 
passion or malevolence ; that he is not liable for errors 
of opinion or mistakes of judgment merely, provided he 
is governed by an honest purpose of heart to promote, 
by the discipline employed, the highest welfare of the 
school, and the best interests of the scholar ; that he is 
liable in a criminal prosecution for punishing a scholar 
only when the amount of punishment 'inflicted is more 
than adequate to subdue the scholar and secure obedi- 
ence to the rules of the school." The judge did not 
instruct the jury as requested, but instructed them 
"that a teacher had a right to inflict corporal punish- 
ment upon a scholar ; that the case proved was one in 
which such punishment might properly be inflicted ; 
that the instrument used (a ferule) was a proper one ; 
that, in inflicting corporal punishment, a teacher must 
exercise reasonable judgment and discretion, and must 
be governed, as to the mode and severity of the pun- 
ishment, by the nature of the offense, and by the age, 
size, and apparent powers of endurance of the pupil ; 
that the only question in this case was whether the 
punishment was excessive and improper ; that, if they 



118 INSTRUMENT TO BE USED IN PUNISHING. 

should find the punishment to have been reasonable and 
proper, the defendant could not be deemed guilty of an 
assault and battery ; but if, upon all the evidence in the 
case, they should find the punishment to have been im- 
proper and excessive, the defendant should be found 
guilty. ,, The jury returned a verdict of guilty, and 
exceptions having been taken by the defendant to the 
foregoing charge of the judge, the case was afterward 
argued before the appellate court, where the charge of 
the judge was declared to be correct. (Commonwealth 
v. Randall, 4 Gray, 37.) 

Sec. 4. A school-master is liable criminally, if, in in- 
flicting punishment upon his pupil, he goes beyond the 
limit of reasonable castigation, and, either in the mode or 
degree of correction, is guilty of any unreasonable or dis- 
proportionate violence or force ; and whether the pun- 
ishment was excessive under the circumstances of any 
case, is a question for the jury. (Commonwealth v. 
Randall, 4 Gray, 36 ; 3 Greenl. on Ev. sec, 63.) 

Sec. 5. Teachers should ever avoid those low, deorad- 
ing, and improper forms of punishment, such as tying up 
scholars' hands and feet, compelling them to hold a 
weight in their hands with their arms extended, pinch- 
ing, pulling, and wringing their ears, cheeks, and arms, 
and other similar modes, which are sometimes used, as the 
committee are decidedly of the opinion that a judicious 
teacher will find other methods of governing more con- 
sistent and more effectual. (Reg. for the Town of Smith- 
field, R. I, Ko. 8.) 



CHAPTER VIII. 

THE LAW AS TO THE POWER OF PARENTS OVER 
TEACHERS. 

Sec. 1. TJie school-master and the king. — In school, 
where the mind is first placed under care to be fitted for 
the grand purposes of life, the child should be taught to 
consider his instructor, in many resjjects, superior to the 
parent in point of authority. The infant mind early ap- 
prehends and distinguishes with a surprising sagacity, 
and is always more influenced by example than precept. 
When a parent, therefore, enters the school, and by re- 
spectful deportment acknowledges the teacher's author- 
ity, the pupil's obedience and love for the master are 
strengthened ; and the principle of subordination is nat- 
urally ingrafted in the child, and in the most agreeable 
and effectual manner possible ; that is, by the influence 
of example. It is by this happy conspiracy between the 
teacher and parent that a new power — a genial influ- 
ence over the infant mind — is acquired, which is of infi- 
nite importance to the welfare and hajjpiness of society. 
To aim a blow at this power would be to strike at the 
very basis of magisterial authority. It was to support 
this important element of good government that the 



120 THE LAW AS TO THE POWER 

learned and judicious school-master said to Charles II. 
in the plenitude of his power : " Sire, pull off thy 
hat in my school ; for if my scholars discover that the 
king is above me in authority here, they will soon 
cease to respect me." (Morris's Case, 1 City Hall 
Rec. 55.) 

Sec. 2. Every man's house is his castle. — This old 
maxim of English law (5 Rep. 92) is as applicable to 
the school-master as to any other person who is in the 
lawful possession of a house. It is true that the school 
officers, as such, have certain rights in the school-house ; 
but the law will not alloAV even them to interfere with 
the teacher while he keeps strictly within the line of his 
duty. Having been legally put in possession, he can 
hold it for the purposes and the time agreed upon; and 
no parent, not even the governor of the State, nor the 
President of the United States, has any right to enter it 
and disturb him in the lawful performance of his duties. 
If persons do so enter, he should order them out ; and if 
they do not go, on being requested to do so, he may use 
such force as is necessary to eject them. And if he finds 
that he is unable to put them out himself, he may call 
on others to assist him ; and if no more force than is 
actually necessary to remove the intruders is employed, 
the law will justify the teacher's act and the acts of 
those who assisted him. (Stevens v. Fassett, 27 Maine, 
266 ; 1 City Hall Rec. 55 ; 2 Met. 23 ; 6 Barb. 608 ; 8 T. 
R. 299 ; 2 Ro. Abr. 548 ; 2 Selk. 641 ; 1 C. & P. 6 ; 8 T. 
R. 78; Wharton's Am. Crim. Law, 1256.) 



OF PARENTS OVER TEACHERS. i 2 l 

In case a teacher has been selected and approved by 
the superintending committee in conformity to law, there 
is no authority in the prudential committee or the dis- 
trict to close the house against such teacher. (See 8 
Cush. 191, and Law Reporter, vol. 22, 213, Ninth School 
District in "Weymouth v. Loud.) 

But in such case or in any case where the teacher is not 
in actual possession, but merely has the right of posses- 
sion, he should not attempt to gain possession by phys- 
ical force. The law will bear him out in maintaining 
his possession by force if he can make it appear that 
force was necessary ; but his right of possession he must 
maintain in another way. For example, if a teacher is 
" barred out" of the school-house by his scholars or oth- 
ers, he should at once notify the directors, who in turn 
may appeal, if necessary, to the township board invested 
with the legal custody of the house. In case neither the 
directors nor the board cause the door to be opened, the 
teacher, by holding himself in readiness to discharge his 
duties, can collect his pay precisely as though his school 
had not been interrupted. (Ohio School Laws, 1865, 
Dec. 32.) 

Sec. 3. The vulgar impression that parents have a 
legal right to dictate to teachers is entirely erroneous. — 
As it would be manifestly improper for the teacher to 
undertake to dictate to the parents in their own house, 
so it would be improper for the parents to dictate 
to him in bis, the school-house. Nor does it matter 
whether the parents own their house, or whether, like 



!22 THE LAW AS TO THE POWER 

the teacher, they only have possession of it for a certain 
time specified and on certain conditions, and perhaps for 
certain purposes named in the lease. In either case, the 
lawful possession is enough. It may be very proper, 
under certain circumstances, for the teacher to go to 
the house of the parents for an explanation, or to re- 
ceive or give advice ; and it may be equally proper 
for parents, under certain circumstances, to go to the 
school-house for an explanation, or to receive or give 
advice, provided that, in both cases, it is done in the 
right spirit. For it must be borne in mind that the 
school-master has no right whatever to exercise au- 
thority over parents out of the school-house, and that 
parents, as such, have no right whatever to exercise au- 
thority over the master. When the interests of par- 
ents and teachers are properly understood, there will 
be complete harmony and unity of action ; but until 
that happy day comes, it is well enough for all to 
know that the teacher's position does not require him 
to please any parent, but to do his duty, even though 
he displease them all. The impression that parents 
have a right to go to the school and dictate to or 
insult the teacher is entirely contrary to the spirit and 
letter of the law establishing the common or public 
schools throughout the country. In private schools 
the case is somewhat different; for the parents there, 
in legal effect, are the employers of the teacher, and 
consequently his masters ; but in the common and pub- 
lic schools they are neither his employers nor his mas- 



OF PARENTS OVER TEACHERS. 123 

ters, and it is entirely out of place for theni to attempt 
to give him orders. " If any parent, guardian, or other 
person, from any cause, fancied or real, visit a school 
with the avowed intention of upbraiding or insulting 
the teacher in the presence of the school, and shall so 
upbraid or insult a teacher, such person, for such con- 
duct, shall be liable to a fine of not more than twenty- 
five dollars, which, when collected, shall go into the gen- 
eral tuition revenue." (School Laws of Ind. 1865, p. 36, 
sec. 162.) "Any parent, guardian, or other person, who 
shall upbraid, insult, or abuse any teacher in the pres- 
ence of the school, shall be guilty of a misdemeanor, 
and be liable to a fine of not less than ten nor exceed- 
ing one hundred dollars." (Revised School Law of Cal. 
1866.) If any parent or guardian shall abuse a teacher, 
by the use of offensive language, or shall use any means 
to intimidate him from exercising proper discipline, the 
teacher may suspend from school privileges the children 
of such parent or guardian until the case can be heard 
and determined by the commissioner. (By-Laws of Md. 
School Corurs. 1865, p. 18, No. 11.) In no case shall a 
patron of the school, who has reason to complain of the 
discipline or conduct of the teacher, make such com- 
plaint in the presence of the pupils. The commissioner 
is the only person authorized to hear and determine 
charges against teachers. (Id. No. 10.) In Ohio, the 
boards of education have power to determine the stud- 
ies to be pursued, and the school-books to be used in 
the several schools under their control. (Ohio School 



124 THE LAW AS TO THE POWER 

Laws, 1865, cb. 1, sec. 17.) The power herein vested 
in boards of education carries with it the authority to 
prescribe a course of study for such schools, and the 
right to determine, or to authorize the teachers to de- 
termine, the studies to be pursued by each individual 
pupil. The general course of study to be pursued in 
each school should be prescribed by the board of educa- 
tion ; but the studies to be pursued, and the lessons to be 
prepared by each pupil, should be left to the teachers, 
or the acting manager of schools, who should be em- 
powered by the board to assign such studies and lessons 
to each pupil as the advancement of such pupil and the 
classification of the school will permit of and justify. 
When the parent or guardian refuses to permit his 
child or ward to comply with the direction of the 
school authorities, such disorderly pupil may be sus- 
pended from school. Such authority is frequently ex- 
ercised in the management of our best graded schools, 
and, in many instances, of our township sub-district 
schools. The success of every school requires classifi- 
cation and system, which can not be secured if every 
parent may dictate the studies to be pursued in school 
by his children. The law wisely vests such power in 
the school authorities. In case the township board fail 
to prescribe the studies to be pursued, or to authorize 
teachers to classify pupils, and assign their respective 
studies and lessons, the local directors may exercise 
such authority, though not to the extent, perhaps, of 
excluding pupils from school for non-compliance with 



OF PARENTS OVER TEACHERS. 125 

their directions. In case neither the board nor the 
directors empower teachers to determine the studies 
of pupils, they may still exercise such authority, and 
refuse to instruct pupils in studies and classes which 
they have not assigned to them. Parents feeling ag- 
grieved may appeal to the local directors or to the 
board of education. (Id. Dec. 57.) 

There is no privity of contract between the parents of 
pupils and the teacher. His contract is with the town. 
He is responsible to the committee who represent the 
town. The general charge and superintendence of the 
schools, in the absence of express legal jn*ovisions, in- 
cludes the power of determining what pupils shall be 
received and what rejected. If children are suffering 
from a contagious disease, or so impure in morals as 
to render association with them pernicious to others, 
the school committee may direct the teacher to ex- 
clude them temporarily or permanently. In such cases, 
neither parent nor pupil has a remedy against the 
teacher, nor against the committee, unless they have 
acted corruptly or maliciously in the proceeding. But 
the law will not presume that the committee, who are 
invested with the power of superintendence and manage- 
ment, will act arbitrarily and unjustly in a matter sub- 
mitted to their judgment. Where schools are graded, 
the committee, under the general power of superintend- 
ence, will decide how the schools shall be organized, 
how many shall be kept, and what shall be the qualifi- 
cations, as to age and attainments, for admission. The 



126 THE LAW AS TO THE POWER 

same powers also exist in regard to district schools, as 
far as they may be applicable. The law vests a plenary 
authority in the committee to arrange, classify, and dis- 
tribute pupils as they think best adapted to their gen- 
eral proficiency and welfare. In the absence of special 
legislation on the subject, the law has vested the power 
in the committee to regulate the system of distribution 
and classification ; and when this power is reasonably 
exercised, without being abused or perverted by color- 
able pretenses, the decision of the committee will be 
deemed conclusive. (See 23 Pick. 224 ; 5 Cush. 193 ; 8 
Cush. 160.) 

Sec. 3. Parents have no remedy as against the teach- 
er. — As a general thing, the only persons who have a legal 
right to give orders to the teacher are his employers, 
namely, the committee in some States, and in others the 
directors or trustees. If his conduct is approved by 
his employers, the parents have no remedy as against 
him or them; for the law will not presume that the 
committee, etc., who are invested with the powers of 
superintendence and management, will act arbitrarily 
and unjustly in a matter submitted to their judgment. 
(23 Pick. 227.) The following decision on this same 
point is later, and to the same effect. The board of 
trustees in the city of Xew-York are vested with the 
jDOwer to conduct and manage the schools in their re- 
spective wards; and in this conduct and management 
the discipline of the schools is exclusively under their 
control. To their direction, consequently and necessa- 



OF PARENTS OVER TEACHERS. 127 

rily, is confided the power to decide questions relating to 
the violation of discipline, and their judgment is conclu- 
sive. (18 Abbotts' Pr. 165.) If a child of proper age 
and qualifications is rejected by the master, the proper 
course for the parent is to appeal to the committee, 
trustees, or directors, as the case may be. If, on their 
requisition, the master should refuse to accept the pupil, 
they would have ample means to enforce their author- 
ity by means of their contract with the master. But 
if they approve of and confirm the act of the master, 
we are to believe that there is good and sufficient cause 
for the rejection of the pupil. (23 Pick. 227.) The 
trustees may always expel a scholar when, in their judg- 
ment, the good order and proper government of the 
school require it. (14 Barb. 225 ; 38 Maine, 376 ; 8 
Cush. 164.) And if they err in the discharge of their 
duty in good faith, they are not liable to an action there- 
for. (32 Vermont, 224.) Consequently the master 
ought to consult the trustees before he expels a pupil, 
(23 Pick. 227;) and if they give their consent, the 
parent has no remedy, and there is nothing to fear. In 
no case can a parent sustain an action for an injury to 
his child, unless some actual loss has accrued to him, or 
he has been subjected to the violation of some right, 
from which a possibility of damage to him may arise. 
(14 Barb. 225; 38 Maine, 376.) A parent of a child 
expelled from a public school can not maintain an 
action against the school committee by whose order it 
was done. (lb.) jSTor is the teacher of a town school 



128 THE LAW AS TO THE POWER 

liable to an action by a parent for refusing to instruct 
his children. (23 Pick. 224.) The teacher has the right 
to direct how and when each pupil shall attend to his 
appropriate duties, and the manner in which pupils shall 
demean themselves, provided that nothing unreasonable 
is demanded. (27 Maine, 281.) A requirement by the 
teacher of a district school that the scholars in English 
grammar shall write compositions is a reasonable one, 
and refusal to comply therewith will justify the expul- 
sion of the scholar from the school. (32 Vermont R. 
224.) A rule requiring every scholar to read from the 
Protestant version of the Bible may be enforced by the 
trustees, or by the teacher, in accordance with the 
known wishes of the trustees, and the scholar refusing 
to comply with such rule may be expelled from the 
school. (38 Maine, 376.) A scholar may be expelled 
for truancy, or for misconduct in school, or for disobe- 
dience to its reasonable regulations. (8 Cush. R. 164.) 
Children unvaccinated may be excluded from school. 
(N. Y. Session Laws, 1860, 761, ch. 438.) Teachers are 
not required to hear the reckations of dilatory pupils or 
those who are not prepared at the regular time for reci- 
tation, nnless it can be done without interrupting the 
regular school duty. Teachers are authorized to sus- 
pend pupils who are persistently disobedient or immoral 
in their conduct, but must promptly report the case with 
the charges to the commissioner for his action. (By- 
Laws of Md. Comrs. 1865.) Directors are authorized 
to suspend or expel pupils for disobedient, refractory, 



OF PARENTS OVER TEACHERS. 129 

or incorrigibly bad conduct. This authority they may 
delegate to the teacher, to be exercised under such cir- 
cumstances and for such offenses as they may prescribe. 
The directors may also empower the teacher to inflict 
the penalty of immediate though temporary suspen- 
sion, in cases of sudden and violent acts of insubordina- 
tion or rebellion. But the teacher must consider that 
the legal authority to inflict these extreme penalties 
emanates from the directors, and does not vest pri- 
marily in him, and that it is therefore his duty to con- 
form his action to the instructions received from the 
directors, or to the discretion expressly conferred by 
them. In all cases of temporary suspension, the facts 
must be reported to the directors, as soon as practica- 
ble, for their information and sanction. (111. Amended 
School Laws, 18G5, p. 187.) It can scarcely be neces- 
sary to remark on the importance of order and sys- 
tem in the schools, not only to enable the pupils to 
learn any thing, but to give them those habits of reg- 
ularity so essential in the formation of character. 
Punctuality of attendance, as well as its steady con- 
tinuance, should be enforced. Parents should be told 
how much their children lose, to what inconvenience 
they expose the teacher, and what disorder they bring 
upon the whole school, by not insisting upon the schol- 
ars being punctually at the school-room at the appoint- 
ed hour ; and, above all, they should be warned of the 
injurious consequences of allowing their children to be 
absent from school during the term. By being in- 



130 THE LAW AS TO THE PO^\ T ER 

dulged in absence, they lose the connection of their 
studies, probably fall behind their class, become dis- 
couraged, and then seek every pretext to play the tru- 
ant. The habit of irregularity and insubordination thus 
acquired will be apt to mark their character through 
life. 

It is the duty of the trustees to cooperate with the 
teacher in the government of the school, and to aid 
him, to the extent of their power and influence, in the 
enforcement of reasonable and proper rules and regu- 
lations ; but they have no right to dismiss a scholar 
except for the strongest reasons ; for example, such a 
degree of moral depravity as to render an association 
with other scholars dangerous to the latter, or such vio- 
lent insubordination as to render the maintenance of 
discipline and order impracticable ; in which case they 
may legally exclude him from the school, until such 
period as he may consent to submit to the reasonable 
rules and regulations of the teacher and trustees ; and 
if after such exclusion he persists in attending, without 
permission from the trustees, and contrary to their 
directions, he may be proceeded against as a trespasser. 
A teacher may employ necessary means of correc- 
tion to maintain order ; but he should not dismiss a 
scholar from school without consultation with the trus- 
tees. (Mich. School Laws, 1864, p. 163.) 

Sec. 4. TJie law as to disturbing schools. — Although 
without any special enactments, no one has any right to 
willfully interrupt or disturb a school, yet several of the 



OF PARENTS OVER TEACHERS. \z\ 

States have thought it prudent, though perhaps not ne- 
cessary, to put upon their statutes what they deem to be 
the law upon this subject, and at the same time to de- 
fine the fines and penalties that should follow the viola- 
tion of it. In some of the States it is made a criminal 
offense to willfully interrupt or disturb any public, pri- 
vate, or select school. (28 Conn. 232.) The Ohio statute 
says : That, if any person or persons shall hereafter 
willfully disturb, molest, or interrupt any literary so- 
ciety, school, or society formed for the intellectual im- 
provement of its members, or any other school or so- 
ciety organized under any law of this State, or any school, 
society, or meeting, formed or convened for improve- 
ment in music, letters, or for social amusement, such per- 
son or persons so offending shall be deemed guilty of a 
misdemeanor, and on conviction thereof shall be fined 
in any sum not less than five nor more than twenty dol- 
lars, with costs of prosecution, and shall stand committed 
until such fine shall have been paid : Provided such com- 
mitment shall not exceed five days ; and provided, fur- 
ther, that the judgment for costs shall not be abated 
until such costs shall have been fully paid. (Laws of 
1864.) Every person who shall at any time willfully in- 
terrupt or disturb any district school, or any public, pri- 
vate, or select school, while the same is in session, shall 
pay a fine not exceeding seven dollars, nor less than one 
dollar, or shall suffer imprisonment in the county jail for 
not more than thirty days, or shall suffer such fine and 
imprisonment both, at the discretion of the court. (School 



132 THE LAW AS TO TEE POWER 

Laws of Conn. 1864.) This special enactment does not 
render any general law nugatory, but enables the prose- 
cuting officer to reach more readily the cases mentioned in 
this act. (Id.) The Rhode Island statute reads as follows : 
Every person who shall be convicted of willfully inter- 
rupting 6r disturbing any town or ward meeting, any as- 
sembly of people met for religious worship, or any public 
or private school, or any meeting lawfully and peace- 
ably held for purposes of literary or scientific improve- 
ment, either within or without the place where such 
meeting or school is held, shall be imprisoned not ex- 
ceeding one year, or fined not exceeding five hundred 
dollars. A complaint for this offense may be made to 
the attorney-general, or any justice of the peace. (School 
Laws of R. I. 1857, p. 55.) Any person wdio shall will- 
fully disturb any public school, or any public school 
meeting, shall be guilty of a misdemeanor, and liable 
to a fine of not less than ten nor more than one hun- 
dred dollars. (Revised School Laws of Cal. 1866, sec. 
113.) The following is the language of the ISTew- 
York statute : Any person who shall willfully disturb, 
interrupt, or disquiet any district school in session, or 
any persons assembled, with the permission of the trus- 
tees of the district, in any district school-house, for the 
purpose of giving or receiving instruction in any 
branch of education or learning, or in the science or 
practice of music, shall forfeit twenty-five dollars, for 
the benefit of the school district. £NT. Y. School Laws, 
1866, p. 11.) It shall be the duty of the trustees of 



OF PARENTS OVER TEACHERS. 133 

the district, or the teacher of the school, and he shall 
have power, to enter a complaint against snch offender 
before any justice of the peace of the county, or the 
mayor, or any alderman, recorder, or other magistrate 
of the city wherein the offense was committed. The 
magistrate or other officer before whom the complaint 
is made shall thereupon by his warrant, directed to 
any constable or person, cause the person complained 
of to be arrested and brought before him for trial. If 
such person, on the charge being stated to him, shall 
plead guilty, the magistrate shall convict him ; and, if he 
demands a trial by the magistrate, shall summarily try 
him; and, if he demands a trial by jury, the magistrate 
shall issue a venire, and impanel a jury for his trial, 
and he shall be tried in the same manner as in a court 
of special sessions. (Id. p. 78, sec. 4.) If any person 
convicted of the said offense do not immediately pay 
the j)enalty, with the costs of the prosecution, or give 
security to the satisfaction of the magistrate for the pay- 
ment thereof within twenty days, the magistrate or 
other officer shall commit him to the common jail of 
the county, there to be imprisoned until the penalty and 
costs be paid, but not exceeding thirty days. (Id. sec. 5.) 
The law in Massachusetts is pretty much the same. 
(General Statutes of Mass. ch. 165, sec. 23.) But, as 
we before intimated, no statutory law is necessary. The 
general intendment and spirit of our common law is 
sufficient to protect our schools from being willfully dis- 
turbed, interrupted, or disquieted. The common law 



134 THE LAW AS TO THE POWER 

recognizes no distinction between wrong-doers, and in 
none of the statutes is there any clause favoring or ex- 
cepting parents ; consequently, if they disturb or dis- 
quiet a school, they are not excusable, but are subject 
to the same penalties as others. It is the policy of the 
States generally to encourage education, and all well- 
conducted schools are, in a certain sense, regarded as the 
wards of the State in which they are. Hence it will 
not allow any of them to be disturbed, disquieted, or in- 
terrupted with impunity — evening-schools no more than 
day-schools. Even a private school kept in a district 
school-house for instruction in the art of writing will 
be protected, or at least those who disturb it willfully 
will be punished. (The State v. Leighton, 35 Maine, 185.) 
Sec. 5. Character on trial. — When a teacher is put on 
trial for assault and battery, he should not omit to prove 
his good character. Every man who lives long enough 
to acquire a good character is entitled to the benefit of 
it when in peril. It has been usual to treat the good 
character of the party accused as evidence to be taken 
into consideration only in doubtful cases. Juries have 
generally been told that, where the facts proved are such 
as to satisfy their minds of the guilt of the party, char- 
acter, how r ever excellent, is no subject for their consid- 
eration ; but that, when they entertain any doubt as 
to the guilt of the party, they may properly turn their 
attention to the good character which he has received. 
(Bennet v. State, Humph. 118.) It is, however, submit- 
ted with deference, that the good character of the party 



OF PARENTS OVER TEACHERS. 135 

accused, satisfactorily established by competent witness- 
es, is an ingredient which ought always to be submit- 
ted to the consideration of the jury, together with the 
other facts and circumstances of the case. The nature 
of the charge, and the evidence by which it is support- 
ed, will often render such ingredients of little or no 
avail ; but the more correct course seems to be, not in 
any case to withdraw it from consideration, but to leave 
the jury to form their conclusion upon the whole of the 
evidence, whether an individual, whose character was 
previously unblemished, has or has not committed, the 
particular crime for which he is called upon to answer. 
(2 Ens. on Cr. 8th Am. ed. 785 ; Rex v. Stanard, 7 C. 
& P. 673 ; 32 Eng. Com. Law R. 681 ; see also 1 Cox 
R. 424; 2 Mass. R. 317; 9 Barb. 609 ; 14 Missouri, 
502; 10 B. Monroe's R. 225; 8 Smedes & Mars. R. 
401 ; 3 Strobh. R.517; 1 Wheeler's Cr. Ca. 64; 1 City 
Hall Rec. 11,82; Rosco's Cr. Ev. 97; 1 Taylor on 
Ev. 258 ; 5 Cush. 295 ; Archbold's Cr. P. & P. 400 ; 
2 Stark. Ev. 365 ; 2 Halsted's Law of E v. 150 ; and 1 
Greenlf. Ev. 54, 55.) 



CHAPTER IX. 

THE LAW AS TO THE TEACHERS MORALITY. 

Sec. 1. There are many sciences which in this age of 
enlightened progress are useful, but only one of them is 
by law made indispensable. This one science those who 
have the training of youth should. not only understand, 
but they may lawfully be required to feel it, live it, and 
teach it. We allude, of course, to "the science of 
duty," which comprehends every thing that is refined, 
chaste, and tender in the human character, and the prin- 
ciples of which prescribe what ought to take place in 
human conduct and actions. In legal phraseology, this 
may be called the science of natural jurisprudence. It 
treats of the relations, rights, and duties which are at- 
tached to individuals and to universal society by the 
law of nature, which is the supreme law of the universe, 
controlling alike nations and individuals. It compre- 
hends the whole law of morality, and the whole theory 
of good conduct. It is imperative and universal, and 
around it are grouped all the motives and maxims for 
human action. It is the law of conscience, the law of 
manhood, the law of life ; and the violation of it is in- 



THE TEACHER'S MORALITY. 137 

decency, vice, degradation, death. It is eternal and 
immutable : men may violate, but they can not alter or 
repeal it. It is not what is called positive law, but it 
is none the less imperative. Positive law is enacted by 
men and written in books ; whereas the law of nature 
emanates from the Creator of men, and is preserved in 
their hearts and consciences. What the written law 
merely permits, the law of nature often commands. The 
former, for example, permits us to be grateful and gen- 
erous, but the latter commands us to be so. We must 
not, therefore, expect to find in books a full enumeration 
of all the duties imposed upon us by law. It has been 
contended that what the law does not prohibit it can 
not punish, or, rather, what is not prohibited by law can 
not be made cause for punishment. When we give to 
law its most comprehensive meaning, the position con- 
tended for is, doubtless, true. If we do not eat, we vio- 
late the law of nature, and are punished with the pangs 
of hunger. If we do not obey the law of self-defense, 
which is the first law of nature, we are punished with 
death. These punishments are even more certain than 
if they were inflicted by men. The lawyer may quib- 
ble over the words of the statute, and tell us what is not 
there prohibited may be clone with impunity ; but the 
conscience as well as the judgment of every good man 
tells him that there is other law more imperative even 
than the statutory, and that whatever the omissions of 
the latter may be, there is for every wrong a punishment, 
and for every vice a penalty. Having said this much 



138 THE LAW AS TO THE 

in reference to the law in general, we will now give our 
attention exclusively to the written law, and give such 
citations thereto, and extracts therefrom, as may be 
necessary for a full exposition of the positive law on the 
subject now under consideration. For the sake of brev- 
ity, however, and because we are writing for Americans, 
we will cite only American law as it now exists in the 
several States. 

Sec. 2. Rhode Island. — The diffusion of virtue as 
well as knowledge among the people is essential to the 
preservation of their rights and liberties. (Const, of R. I. 
art. 12, sec. 1.) The school committee shall not sign 
any certificate of qualification unless the person named 
in the same shall produce evidence of good moral char- 
acter. (Rev. Stat, of R. I. tit. 13, ch. 67, sec. 3.) Every 
teacher shall aim to implant and cultivate in the minds 
of all children committed to his care the principles of 
morality and virtue. (Id. sec. 6.) In making the ex- 
aminations, the committee should inquire, first, as to 
moral character. On this point they should be entirely 
satisfied before proceeding further. Some opinion can 
be formed from the general deportment and language 
of the applicant; but the safest course will be, with 
regard to those who are strangers to the committee, to 
insist on the written testimony of persons of the highest 
respectability in the towns and neighborhoods where 
they have resided ; and especially to require the certifi- 
cate of the school committee and parents where they 
have taught before, as to the character they have sus- 



TEA CHER S MORALITY. 1 3 9 

tained and the influence they have exerted in the school 
and in society. (Rem. on S. L. 1857, p. 35.) If the 
teacher has a proper sense of the importance of his posi- 
tion, and conducts himself accordingly, he will secure 
to himself the affection and respect of the people of his 
district, by exerting his utmost powers to promote the 
moral and intellectual advancement, not only of his 
scholars, but of the community around him. The moral 
influence he may exert by his example and instructions 
can hardly be estimated. (Id. p. 53.) A teacher may 
be dismissed at any time for immorality, although he is 
abundantly competent and efficient in every other re- 
spect. (Id. p. 39.) Even in this State, where the full- 
est religious liberty is permitted, the people, we con- 
clude, are not disposed to encourage any relaxation in 
the laws of morality. If any Rhode Island teacher does 
not know this and feel it, he should immediately seek 
some other vocation ; for the school-rooms of that State 
are dedicated, not to learned hypocrisy and contagious 
vices, but to liberty, intelligence, and virtue — and the 
greatest of these, the most manly and the most neces- 
sary, is virtue. 

Sec. 3. Maine. — The presidents, professors, and tu- 
tors of colleges, the preceptors and teachers of acad- 
emies, and all other instructors of youth, in public or 
private institutions, shall use their best endeavors to 
impress on the minds of the children and youth commit- 
ted to their care and instruction the principles of moral- 
ity and justice, and a sacred regard for truth ; love of 



140 THE LA W AS TO THE 

country, humanity, and a universal benevolence ; sobri- 
ety, industry, and frugality; charity, moderation, and 
temperance, and all other virtues which are the orna- 
ment of human society ; and to lead those under their 
care, as their ages and capacities admit, into a particular 
understanding of the tendency of such virtues to preserve 
and perfect a republican constitution, and secure the 
blessings of liberty and promote their future happiness ; 
and the tendency of the opposite vices to slavery, degra- 
dation, and ruin. (Rev. Stat, of Me. tit. 2, ch. 2, sec. 26.) 
To awaken young minds to a proper sense of all these 
virtues is a high privilege, and those who attempt it with 
success are infinitely more serviceable to the state than 
the soldier .or statesman. Even the members of the 
learned professions have not so wide a sphere, and can 
not accomplish so much good, as may easily be accom- 
plished by the faithful, intelligent, conscientious, and 
zealous teacher. 

Sec. 4. New-Hampshire. — No person in this State 
should receive a certificate to teach unless he possesses 
a good moral character, and a temper and disposition 
suitable for an instructor of youth. (Laws of 1858, ch. 
2088, sec. 1.) This is brief but comprehensive; for it 
may legally be interpreted to mean all that is stated in 
the laws of Maine and Rhode Island. 

Sec. 5. Vermont. — The town superintendent shall 
require full and satisfactory evidence of the good moral 
character of all instructors who may be employed in 
the public schools in their respective towns. (School 



TEACHERS MORALITY. 141 

Laws of Vt. 1862, sec. 11.) Whenever, upon personal 
examination of schools, the superintendent of any town 
shall become satisfied, beyond a reasonable doubt, that 
a teacher to whom a certificate has been granted is set- 
ting an evil example before his school, the superintend- 
ent is in such case empowered to revoke the certificate 
of such teacher. (Id. sec. 16.) 

Sec. 6. Massachusetts. — The school committee, un- 
less the town at its annual meeting determines that the 
duty may be performed by the prudential committee, 
shall select and contract with the teachers of the public 
schools; and shall require full and satisfactory evidence 
of the good moral character of all instructors who may 
be employed. (Gen. Stat, of Mass. tit. xi. ch. 38, sec. 
23.) The duty here indicated is more important than 
any other connected with the public schools of the 
State. The teacher gives character to the school, and 
the duty of ascertaining the moral and literary qualifi- 
cations of candidates is put upon the superintending 
committee. How inadequate for the performance of 
these solemn trusts is the opportunity of a few min- 
utes' or a few hours' examination? The evidence of 
fitness must be found, if found at all, in the prerious 
life and experience of the candidate, and not in a brief 
personal examination or the certificates of friends. (Sec. 
Rep. 1861, p. 102.) The fact that a person claiming 
to be a teacher entered upon the work without first se- 
curing the approval of the superintending committee 
would be evidence of his ignorance of duty, sufficient 



142 THE LAW AS TO THE 

to justify the committee in rejecting him. Such a per- 
son must be either ignorant of the duty which every 
teacher ought to know, or morally disqualified for right- 
doing. (Id. p. 103.) The school committee may dis- 
miss from employment any teacher whenever they think 
proper, and such teacher shall receive no compensation 
for services rendered after such dismissal. (Gen. Stat, 
tit. xi. ch. 38, sec. 25.) This power is as nearly abso- 
lute as any power in our government. It will often 
happen that a committee may be in possession of suffi- 
cient reasons to justify the dismissal of a teacher, and 
yet a wise public policy would avoid disclosure of them. 
There is no probability that the power will be abused ; 
indeed, committees are reluctant to take the responsi- 
bility except in extreme cases. (Sec. Rep. 1861, p. 103.) 
For immorality, however, we think that the committee 
should dismiss the teacher without a moment's hesita- 
tion, although public policy may require that when this 
is done further or unnecessary disclosures should be 
avoided. 

Sec. 1. Connecticut. — The provisions for the exam- 
ination of teachers are plain and positive. (School 
Laws of Conn. 1864, ch. 5, sec. 1.) The examining 
committee are to be satisfied with the moral character, 
literary attainments, and ability to teach, of all candi- 
dates to whom a certificate is given. The law leaves 
no discretion in giving the certificate to be exercised 
by the examining committee till the candidate is found 
to possess a good moral character. The penuriousness 



TEACHERS MORALITY. 143 

or ignorance of district committees may lead to the em- 
ployment of incompetent persons as teachers, but the 
school visitors have no authority by law to give certi- 
ficates to such persons. On the contrary, they are un- 
der obligations to the school, to the State, and to teach- 
ers, not to certify to a person's ability or authorize his 
attempting to teach, till they are satisfied that he pos- 
sesses the qualifications required by law, the most im- 
portant of which is a good mcral character. (Id. p. 39.) 
The board of visitors shall annul the certificates of such 
teachers as shall be found unqualified, or who will not 
conform to the law. (Id. p. 40.) 

Sec. 8. New- York. — The superintendent of public 
instruction may, on evidence satisfactory to him, grant 
State certificates and revoke the same. While unrevok- 
ed, a State certificate shall be conclusive evidence that 
the person to whom it was granted is qualified by his 
moral character, learning, and ability to teach any com- 
mon school in the State. (School Laws of N". Y. 1866, 
tit. 1, p. 6, sec. 15.) Every commissioner shall have 
power, and it shall be his duty, to examine persons pro- 
posing to teach common schools within his district and 
not possessing the Superintendent's certificate of quali- 
fication, or a diploma of the State normal school, and 
to inquire into their moral fitness and capacity. (Id. 
p. 11, sec. 5.) The Commissioner shall also examine 
any charge affecting the moral character of any teacher 
within his district, first giving such teacher reasonable 
notice of the charge, and an opportunity to defend him- 



144 THE LAW AS TO THE 

self therefrom; and if he find the charge sustained, it is 
his duty to annul the teacher's certificate, by whomsoever 
granted, and to declare him unfit to teach. (Id. sec. 7.) 
Under the old system of licenses by town superintendents, 
a town superintendent in one case refused to examine a 
female who applied for examination as a teacher, on 
the ground that her moral character was not good ; and 
his refusal to examine was not limited merely as to 
moral character, but also as to her learning and ability 
to teach a common school. The applicant appealed to 
the State superintendent, who examined as to her moral 
character, and decided that it was good and sufficient, 
and he directed the town superintendent to examine her 
in relation to her qualifications as a teacher of common 
schools, and if she was found qualified in other particu- 
lars than that of moral character, that he should license 
her accordingly. The town superintendent then exam- 
ined her, and found that she was duly qualified as to 
learning and ability to teach a common school, and he 
offered her a certificate to that effect ; but he declined 
to certify as to her moral character, as he could not con- 
scientiously do so. The Court held that the town su- 
perintendent had done all that could legally be required 
of him. (Peoples. Masters, 21 Barb. 261.) It was also 
held in the same case that by the appeal the question 
of moral character was disposed of, and the State super- 
intendent's decision on that question, together with the 
town superintendent's certificate of learning and ability, 
would entitle the applicant to teach. The State super- 



TEACHERS MORALITY. 145 

intendent's authority to decide such questions can not 
be disputed, consequently the Court could not have held 
otherwise ; but we have always thought it unfortunate 
that the State superintendent had not a higher apprecia- 
tion of what is for the true interests of our public schools. 
Our examiners generally require too little evidence as 
to the moral character of candidates for certificates, and 
such decisions must have a tendency to make them re- 
quire still less. In our opinion, school teachers should 
be above suspicion. 

" Heaven doth with us as we with torches do — 
Not light them for themselves ; for if our virtues 
Did not go forth of us, 'twere all alike 
As if we had them not." 

Sec. 9. New-Jersey. — The town superintendents, in 
their examination of candidates for licenses to teach, 
are required particularly to have regard always to the 
moral character of the candidates. (School Laws of 
N". J. 1864, p. 17, sec. 34.) The law requires that the 
superintendents 'should be well satisfied not only with 
the learning of each applicant and his ability to teach, 
but with his moral character. With respect to learning 
and ability to teach, the examiners can easily satisfy 
themselves ; but as to moral character the case is more 
difficult, and must, in a great measure, depend upon tes- 
timony, either verbal or written, from persons known 
and of good standing. This is not a matter to be passed 
over slightly; it is of equal importance that our teachers 



146 THE LAW AS TO THE 

should possess a pure moral character as well as learn- 
ing and ability to teach, and applicants for license 
should be rejected as soon for the want of the former 
as the latter. The men to whose guiding care is com- 
mitted the formation of the innocent and plastic mind 
of childhood should themselves be pure. They should 
have characters to insure respect and confidence. They 
should not only point out the path of duty to the child- 
ren, but walk themselves therein. No license should be 
given without entire satisfaction on this point. At the 
same time it must be borne in mind that, while we have 
a right to examine scrupulously into the moral charac- 
ter, we have none whatever to interfere with their relig- 
ious views. These should never be brought in question. 
The same may be said of political opinions. (Id. p. 46.) 
Sec. 10. Pennsylvania. — The directors may dismiss 
the teacher at .any time for immorality. (School Laws 
of Pa. 1866, sec. 63.) If the teacher's immorality be- 
comes known to the members of the board in their offi- 
cial capacity while visiting the school, no proof is re- 
quisite ; and the teacher may at once be dismissed. 
But the cause of the dismissal should be stated on the 
minutes. (Id. Dec. 168.) If the facts establishing the 
teacher's immorality be not known to the board of their 
own knowledge, but charged by others against the 
teacher, a hearing should take place, and a full investi- 
gation in presence of the teacher be granted, with rea- 
sonable notice to prepare for his defense ; and the result 
be entered in the minutes. (Id. Dec. 169.) It is made 



TEACHER'S MORALITY. W? 

the duty of the county superintendents to examine all 
candidates for the profession of teacher. (Id. sec. 109.) 
Applicants of known or proved immoral habits are not 
to be examined at all, no matter what may be their lit- 
erary or professional claims. (Id. Dec. 303.) The 
board of directors may discharge the teacher for irarao- 
rality, and the county superintendent for the same 
cause may and should annul the teacher's certificate. 
But there should be a charge and a hearing in all cases, 
unless the facts are personally and officially known to 
the superintendent. (Id. Dec. 305.) 

Sec. 11. Maryland. — It shall be the duty of all 
teachers, in schools of every grade, to impress upon 
the minds of youth committed to their instruction the 
principles of piety and justice, loyalty and sacred re- 
gard for truth, love of their country, humanity and be- 
nevolence, sobriety, industry, and chastity, and .those 
virtues which are the basis upon which a republican 
constitution is founded; and it shall be the duty of 
such instructors to lead their pupils into a clear under- 
standing of the tendency of these virtues, to preserve 
the blessings of liberty, promote temporal happiness, 
and advance the greatness of the American nation. 
(School Laws of Md. 1865, p. 18, sec. 4.) 

" Unblessed by virtue, government a league 
Becomes, a circling junto of the great, 
To rob by laic ; religion mild a yoke 
To tame the stooping soul, a trick of state 
To mask their rapine, and to share the prey. 



148 THE LAW AS TO THE 

What are without it senates, save a face 

Of consultation deep and reason free, 

While the determined voice and heart are sold ? 

What boasted freedom save a sounding name ? 

And what election but a market vile 

Of slaves self-bartered ?" 

It shall be the duty of the president of the board of 
School commissioners to examine all candidates for the 
profession of teachers ; but " no certificate shall be grant- 
ed without satisfactory evidence of the moral character" 
of the applicant. (School Laws of Md. 1865, p. 24, 
sec. 1.) Upon the teachers a solemn, responsibility 
rests. After the school authorities have done all that 
devolves upon them, the full success of the work de- 
pends upon the teachers. Encourage them to enter 
upon their work as a sacred mission. They deal with 
the tender mind and conscience. They impart ideas 
of right and wrong which will remain through life. 
Thoughts impressed in early childhood are never erased. 
Habits of system, neatness, and courtesy may be formed 
at school. The teacher has the plastic wax, and may 
mould it at his will. Thus the daily routine duties of 
class and school-room work give the teacher power. It 
is the province of the commissioner and of the visitor 
to see that so great power be exercised for the great- 
est attainable good. Therefore no immorality or neg- 
ligence, or even rudeness, is to be tolerated. The 
teacher must not only instruct properly, but live prop- 
erly. In school and out of school the example must 



TEACHERS MORALITY. 149 

be good, that the dignity of the vocation of teaching 
may be preserved, youth trained in the paths of virtue 
and knowledge, and become a comfort to their parents, 
a credit to their preceptors, and, in process of time, an 
honor to' the state. (Hon. L. Van Bokkelin, State Supt. 
Pub. Inst, for Md.) 

Sec. 12. West- Virginia. — All teachers, boards of 
education, and all other school officers created by this 
act are hereby charged with the duty of providing 
that moral training for the youth of this State which 
shall contribute to securing good behavior, and to fur- 
nishing the State with exemplary citizens. (School 
Laws of W. Va. 1866, p. 11, sec. 29.) The county super- 
intendent shall examine all candidates for the profes- 
sion of teacher, and if satisfied of the competency and 
capacity of the applicant to teach and govern the school 
of which he proposes to take charge, and that he or she 
is of good moral character, a certificate may be granted, 
but not otherwise. (Id. p. 12, sec. 32.) In order to 
afford encouragement and incentives to teachers to per- 
fect themselves in their profession, and at the same 
time to secure the profession from the intrusion of un- 
worthy members, and the public from the evils of in- 
competent teachers, the following regulations shall be 
observed by county superintendents in regard to exam- 
nations and granting of teachers' certificates : First, 
ISTo applicant shall be admitted to an examination un- 
less the county superintendent shall have reasonable 
evidence that he or she is of good moral character, and 



150 THE LAW AS TO TEE 

loyal to the government of the United States and the 
government of the State of West-Virginia. Profanity, 
obscenity, and intemperate habits shall always be held 
to exclude from the privilege of an examination. (Id. 
p. 14, sec. 37.) It can hardly be necessary to state that 
a teacher of immoral habits, if there be any such, may 
lawfully be dismissed in this State, even though he is in 
the possession of a certificate. Nor will the fact that 
he has a written contract to teach the school for a cer- 
tain fixed period of time make any difference. The 
very first condition of the teacher's contract, whether it 
be in the writing or not, is that he shall be and remain 
of good moral character during the full continuance of 
his term, and if he is not so, and does not remain so, he 
violates his contract, and can expect no relief from the 
courts. This remark is true generally, and will apply 
with equal force to the teachers of other States and 
their contracts. 

Sec. 13. Ohio. — No person shall be employed as a 
teacher in any primary common school unless such per- 
son shall have first obtained from the examiners a cer- 
tificate of good moral character, etc. (School Laws of 
Ohio, 1865, p. 69.) And if at any time the recipient of 
the certificate shall be found incompetent or negligent, 
the examiners, or any two of them, may revoke the same, 
and require such teacher to be dismissed. (Id.) The 
power to revoke a certificate when the recipient is found 
incompetent or negligent is not restricted to the persons 
who issued such certificate. The evident intention of 



TEACHERS MORALITY. 151 

the law is to guard schools, at all times, against unwor- 
thy teachers, and, to this end, the power to revoke a 
certificate is vested in the office of the examiners, and 
may, at any time, be exercised by the incumbents. 
Since "a good moral character" is a legal condition of 
competency in the teacher, whenever the holder of a 
certificate is found guilty of immoral conduct, such 
certificate may be revoked. Such immoral practices as 
profanity, gaming, intemperance, lewdness, etc., utterly 
disqualify a person for the duties of a teacher. (Id. Of- 
ficial Opinion No. 130.) If the directors of auy sub- 
district dismiss any teacher for any frivolous or insuffi- 
cient reason, such teacher may bring suit against such 
sub-district; and if, on the trial of the cause, a judg- 
ment be obtained against the sub-district, the directors 
thereof shall certify to the clerk of the board the sum 
so found due, and he shall issue an order to the person 
entitled thereto upon the township treasurer, to pay 
the same out of any money in his hands belonging to 
said sub-district, and applicable to the payment of 
teachers. In such suits, process may be served on the 
clerk of the sub-district, and service upon him shall 
be sufficient. (School Laws of Ohio, 1865, p. 99, 
sec. 9.) 

Sec. 14. Kentucky. — The law of this State merely re- 
quires that a certificate shall not be granted to an appli- 
cant " of known bad moral character." (School Laws 
of Ky. 1865, ch. 196, art. 7, sec. 1.) The trustees are 
authorized to remove a teacher "for good cause." (Id. 



152 THE LAW AS TO THE 

art. 6, sec. 7.) We think there can be no question as 
to immorality being good cause for removal. 

Sec. 15. Michigan. — It shall be the duty of the in- 
spectors to examine all persons offering themselves as 
candidates for teachers of primary schools, in their re- 
spective townships, in regard to moral character^ learn- 
ing, and ability to teach a school. (School Laws of 
Mich. 1864, p. 90, sec. 85.) Inspectors owe it to the 
schools to refuse a certificate to any teacher who is a 
drunkard or gambler, or who uses profane language, or 
indulges in any other gross immorality. ISTo excellence 
of scholarship or experience or skill in teaching can 
compensate a school for the lack of moral purity and in- 
tegrity in the teacher. The law has wisely made a good 
moral character a requisite for a qualified teacher, since 
it is on the virtue as well as on the intelligence of the 
people that the safety of the Republic depends. In case 
the candidate is a stranger to the inspectors, they may 
require him to show satisfactory testimonials of his good 
moral character. (Id. p. 91, Official Opinion No. 4.) 
Good behavior was one of the seven studies anciently 
prescribed by law for the common schools of Massachu- 
setts ; and certainly this was not the least important of 
the list. The necessity of a healthful moral influence in 
our schools has been acknowledged by all who have 
spoken or written concerning them. The school law has 
always demanded that the teachers shall be of good 
moral character. The safety of these large and miscel- 
laneous gatherings of passionate and thoughtless child- 



TEACHERS MORALITY. 153 

ren imperatively requires the presence of some power- 
ful, culturing, and controlling moral force, watching like 
a Providence over them, and working as a power within 
them. And the high social and civil aims for which the 
public schools are chiefly maintained — the maturing of 
law-abiding and virtuous citizenship — can never be se- 
cured except by a high-toned and successful education of 
the moral nature. (Id. p. 178, No. 10.) 

In relation to the moral character of the teacher much 
is left to the discrimination of the examining officer. 
He must be satisfied that it is good, because he has to 
certify to its correctness. On this point what would be 
satisfactory to one man might be unsatisfactory to an- 
other. Every person has a right to the enjoyment of his 
own religious belief without molestation ; and the exam- 
ining officer should content himself with inquiries as to 
the moral character of the teacher, leaving him to the 
same liberal enjoyment of his religious belief that he asks 
for himself. If, however, a person openly derides all re- 
ligion, he ought not to be a teacher of youth. The em- 
ployment of such a person would be considered a griev- 
ance by a great portion of the inhabitants of all the dis- 
tricts. (Id. p. 161.) 

Sec. 16. Ixdiana. — This is the State which has won 
an -unenviable fame on account of the singularly "ready 
relief" that unhappily matched couples have from time 
immemorial found there. "We think that the school 
laws of Indiana are as worthy of universal fame as her 
divorce laws. "At any time after the commencement 



154 THE LAW AS TO THE 

of any school, if a majority of the voters of the district 
petition the trustee that they wish the teacher thereof dis- 
missed, such trustee shall dismiss such teacher.'''' (School 
Laws of Ind. 1865, p. 112, sec. 28.) It was hardly ne- 
cessary to add that the dismissal could be lawful " only 
upon due notice and upon good cause shown." If we are 
not greatly in error, the divorce laws of this State always 
required that the parties should not be relieved from 
their embarrassment, except "upon due notice and upon 
good cause shown." We have always heard that a very 
slight cause would be pronounced " good" by an Indiana 
court. " The trustee shall not employ any teacher whom 
a majority of those entitled to vote at school meetings 
have decided they do not wish employed." (lb.) This 
whole section is remarkable and altogether peculiar. 
" Applicants, before being licensed, shall produce to the 
examiners the proper trustees' certificate, or other satis- 
factory evidence of good moral character." (lb. p. 13, 
sec. 34.) How much evidence or what kind of evidence 
is satisfactory to an Indiana official or an Indiana court ? 
" I have but one lamp by which my feet are guided, and 
that is the lamp of experience. I know of no way of 
judging of the future, but by the past." (Patrick 
Henry.) 

Sec. 17. Illinois. — No teacher shall be authorized 
to teach a common school who is not of good moral 
character. (Amended School Laws of 111. 1885, p. 28, 
sec. 50.) Every certificate issued to one who is un- 
worthy, either mentally or morally, to receive it, is not 



TEACHER'S MORALITY. 155 

only a violation of law, but is a direct blow at the heart 
of our common schools. Such a certificate is an official 
license, not to elevate and bless, but to injure and de- 
grade, and, it may be, to contaminate and curse the 
schools and the community. - Good schools can not be 
taught by incompetent teachers ; the moral atmosphere 
of the schools can not be kept pure by profane or irrev- 
erent teachers. If an " unclevout astronomer is mad," 
an atheistic and immoral instructor of youth is a monster. 
It is by no means a self-evident truth that poor schools 
are better than none ; they may be so poor as to be 
a great deal worse than none. (Id. p. 115.) In our effort to 
escape from the imaginary danger of Puritan rigor, we 
have drifted steadily toward the real peril of unbridled 
license. Where is the simple truthfulness that should 
make beautiful the lives of our children ? "What preco- 
ciousness in vice, what defiant spurning of moral re- 
straints, do we find at the fireside and in the school- 
room ? What eye now moistens at the touching story 
of George Washington and his little hatchet ? What 
are our public schools doing to arrest this destructive 
tendency ? Are educational men sensible of their re- 
sponsibility in this matter ? Can that culture be com- 
plete, can it be safe, which ignores the moral nature ? 
Is it not practicable to bring the school children of the 
State more directly and powerfully under the influence 
of right moral ideas and principles ? Is it not a neces- 
sity? Have we any security at all, without this, that 
they will become upright and virtuous citizens ? Let 



156 THE LAW AS TO THE 

it not be said that what is here recommended would 
conflict with the undoubted right of each individual to 
prescribe what sentiments shall be imparted to his child- 
ren in matters of religious faith. Nothing sectarian 
should find a place in the instruction of our public 
schools. But the moral and preceptive parts of the 
gospels are not sectarian. If they are, then charity 
is sectarian, forgiveness is sectarian, purity is sectarian, 
forbearance is sectarian, all things lovely and of good 
report are sectarian, and nothing is left for humanity 
at large but the devil. In all our public schools the 
principles of morality should be copiously intermingled 
with the principles of science. Cases of conscience should 
alternate with lessons ill the rudiments. The multiplica- 
tion-table should not be more familiar nor more frequently 
applied than the rule, "Do unto others as you would 
that they should do unto you." The lives of great and 
good men should be held up for admiration and example. 
It should be proclaimed in every school that there 
are original, immutable, and indestructible maxims of 
moral rectitude — great lights in the firmament of the 
soul — which no circumstances can affect, no sophistry 
obliterate. That to this eternal standard every individ- 
ual of the race is bound to conform, and that by it the 
conduct of every man shall be adjudged. It should be 
proclaimed that dishonesty, fraud, and falsehood are as 
despicable and criminal in the most exalted stations as 
in the most obscure, in politics as in business. That 
the demagogue who tells a lie to gain a vote is as infa- 



TEACHER'S MORALITY. I57 

mous as the peddler who tells one to gain a penny. 
That an editor who wantonly maligns an opponent for 
the benefit of his party is as vile as the perjured hire- 
ling who slanders his neighbor for pay. That the cor- 
poration or the man who spawns by the thousand his 
worthless promises-to-pay, under the name of banking, 
knowing them to be worthless, is as guilty of obtain- 
ing money under false pretenses, as the acknowledged 
rogue who is incarcerated for the same thing under the 
name of swindling. That the contractor who defrauds 
the government under cover of the technicalities of 
the law is as much a thief as he who deliberately and 
knowingly appropriates to his own use the property of 
another. 

In a word, let it be impressed in all our schools that 
the vocabulary of heaven has but one word for each 
willful infraction of the moral code, and that no pre- 
texts or subterfuges or sophistries of men can soften the 
import or lesson the guilt which that word conveys. 
Tell the school children that the deliberate falsifier of the 
truth is a liar; whether it be the prince on his throne or 
the beggar on his dunghill ; whether it be by diploma- 
tists, for reason of state, or by chiffonniers, for the pos- 
session of the rags in the gutter. Tell them that he 
who obtains money or goods under false pretenses is a 
swindler, no more or less, be the man and the circum- 
stances what they may. Tell them that he who irrev- 
erently uses the name of Deity is a blasphemer, whether 
he be a congressman or a scullion. Tell them that ho 



158 THE LAW AS TO THE 

who habitually drinks intoxicating liquors to excess is a 
drunkard, whether it be from goblets of gold in the 
palatial saloon, or from tin cups in a grog-shop. Tell 
them that he who speaks lightly or sneeringly of the 
honor of woman is a calumniator, be his pretensions to 
gentility what they may. And so with the whole cata- 
logue of vices and crimes, till the line of demarkation be- 
tween good and evil shall be graven so deeply upon the 
mind and conscience that it can never be obliterated. 

Let our public schools do this, and the life-giving in- 
fluence shall be felt through every vein and artery of 
the body politic. A divine fire will be kindled that 
shall purge the foul channels of business, finance, and 
politics, and consume the subtle network of sophistries 
like stubble. Let our public schools do this, and a gen- 
eration of men shall come upon the field of active life 
who will bring back in the administration of public and 
private affairs the purer days of the Republic — men in 
whom high crimes and misdemeanors, the frauds and 
peculations which now disgrace and ruin the country, 
shall be unknown. (Hon. N". Bateman's Fourth Bien- 
nial Rep. p. 120.) 

Sec. 18. Wisconsin. — Every applicant for a situation 
as a teacher in any of the common schools of this State 
shall be examined by the county superintendent of 
schools of his county in regard to moral character, 
learning, and ability to teach, and if found qualified 
shall receive a certificate as hereinafter provided. 
(Wisconsin School Code, 1863, p. 40, sec. 100.) 



TEACHER'S MORALITY. 159 

Through 110 one channel does the teacher more forci- 
bly impress himself upon the school than through his 
moral influence, and this embraces all that power spring- 
ing from personal habits of thought, word, and action. 
That this moral influence be of the right stamp is of 
vital importance. The superintendent has by law con- 
trol of these streams of influence. He can not too care- 
fully test their qualities. A full appreciation of the re- 
sponsibility resting upon him in this regard can be felt 
only by one who has within himself a sincere love of 
right conduct and of virtue. 

Terrible, indeed, must be the consequences if he who 
stands sentinel at the fountain himself poisons the 
streams flowing from it. Scarcely less terrible if 
through negligence or carelessness he allows others to 
corrupt them. (Id. p. 91.) 

Sec. 19. Minnesota. — To such persons who appear 
upon examination to be well qualified to teach the re- 
quired branches, and can give satisfactory evidence of 
good moral character, the examiner shall grant his 
certificate and license to teach. (Minn. School Code, 
1864, p. 11, sec. 29.) Such examiner may cite to reex- 
amination any person holding a license, and under con- 
tract to teach any common school in his commissioner 
district; and being satisfied upon such reexamination, 
or otherwise, that such person is not of good moral 
character, he may revoke such license ; and from the 
time the notice of such revocation is filed in the office 
of the district clerk the teacher's contract shall become 



160 THE LAW AS TO THE 

void, and the said teacher's wages shall cease. (Id. 
sec. 30.) 

Sec. 20. Iowa. — If the examination is satisfactory, and 
the superintendent is satisfied the respective applicants 
possess a good moral character, he shall give them a 
certificate. (School Laws of Iowa, 1864, p. 17, sec. 65.) 
The superintendent may revoke the certificate of any 
teacher in the county, which was given by the superin- 
tendent thereof, for any reasons which would have jus- 
tified the withholding thereof when the same was given. 
(Id. sec. 69.) 

Sec. 21. Missouri. — The law on this subject is not 
unlike the law in Illinois ; but we are unable to cite it, 
as the copy of the late law which we have at hand does 
not seem to be perfect. 

Sec. 22. Kansas. — The usual requirement as to a good 
moral character has been incorporated into the laws of 
this State. (School Laws of Kansas, 1835, p. 16, sec. 14.) 

Sec. 23. California. — The county board shall have 
power, without examination, to renew certificates, and 
to revoke, for immoral or unprofessional conduct, or 
habitual profanity, intemperance, cruelty, or evident 
unfitness for the profession of teaching, any county cer- 
tificate. (School Laws of Cal. 1866, sec. 92.) It shall 
be the duty of all teachers to endeavor to impress on 
the minds of their pupils the principles of morality, 
truth, justice, and patriotism ; to teach them to avoid 
idleness, profanity, and falsehood ; and to instruct them 
in the principles of a free government, and to train them 



TEACHER'S MORALITY. \q\ 

up to a true comprehension of the rights, duties, and 
dignity of American citizenship. (Id. sec. TO.) Instruc- 
tion shall be given in all grades of schools, and in all 
classes, during the entire school course, in manners and 
morals, and the laws of health. (Id. sec. 55.) 

" All private virtue is the public fund ; 
As that abounds, the state decays or thrives ; 
Each should contribute to the general stock, 
And who Jends most is most his country's friend." 



The American Educational Monthly. 

DEVOTED TO 



CONTENTS FOR JANUARY, 1867. 
I. Schools and Teachers in Germany, with a lively illustration: 

"%\t fcmmt Schoolmaster on fag-gng/' 

II. John Bovd, a Story of School Life, by Wm. W. Tufts. 

III. Radical Defects in Education, by Dr. Hooker, of Yale College. 

IV. Pedagogical Law— The Law as to Teachers' Morals, by M. McN. 

Walsh, Esq., of the New-York Bar. 

V. Culture of the Imagination. 

VI. The Prize Poem, a Dialogue, by Whitts More. 

VII. Oceanic Phenomena, by J. J. Stevenson. 

VIII. Respect Due to Pupils. 

IX. A Rare Case of Courage. 

X. " Out of School." 

XL New Music Book needed. 

XII. " A Few Words." 

XIII. " Have we a Standard of English Pronunciation ?" by D. H. 

Cruttenden. 

XIV. Letter from Oregon, by Alphonso Wood. 
XV. An Advocate for Flogging in School. 

XVI. Educational Intelligence in United States, Mexico, South- Ame- 
rica, Great Britain, France, Prussia, Austria, Australia. 
XVII. List of Superintendents of Public Instruction in the United 
States. 
XVIII. Reviews of New Books : 

New Latin Books, The Giant Cities of Bashan, History of the Gypsies, 
The Metric System, Superstition ami Force, Literature and Art, 
The Great Rebellion, Aids to School Discipline. 
XIX. What is New in Science and the Arts. 
XX. New Inventions for Schools. 

XXI. Bulletin of Teachers who are Candidates for Positions. 
XXII. Descriptions and Price Lists of School Books, and all Articles 
for use in Schools. 



Price, $1.50 per Annum. Specimens by Mail, prepaid, 15 cents. 



CLUB RATES ARE LIBERAL. 

Teachers and Clergymen may obtain, in exchange for a little worJc 
in the Educational field, a copy of WEHSTER'S ROY AT* 
QUARTO DICTIONARY, price $12. 

J. W. SCHERMERHORN & CO., 

430 Broome Street, New-York. 



"American School Institute," 



Founded 1855, 

IS A RELIABLE EDUCATIONAL BUREAU: 

3. To give Parents Information of 
good Schools. 

4. To Sell, Rent, and Exchange 
School Properties. 



1. To aid all who seek well-qualified 

Teachers. 

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J. W. SCHERMERHORH, A.M., Actuary, 430 Broome St., (near Broadway,) New-York. 

M. J. YOUNG, Secretary. G. M. KENDALL, Treasurer. 

BR^TsTCH OFFICES: 

PHILADELPHIA, 512 Arch St., J. R. GAUT, A.M., Secretary. 

CHICAGO, 6 Custom House Place, EDWARD SPEAKMAN, Secretary. 

..„.„..„ . . i GENERAL HENRY C. WAYNE, Director. 

SA1 ANN AH, Georgia, -j JQHN Q FERRILL , Secretary. 

SAN FRANCISCO, California, SAMUEL J. C. SWEZEY, Esq., Secretary. 

Twelve years' trial has proved the "American ScnooL Institute " a useful and 
efficient auxiliary in the Educational Machinery of our country. Its patrons and 
friends are among the first educational and business men. The central office (in 
New-York) has been removed to larger quarters, where greater facilities will be 
afforded in extending its usefulness. 

"Hie Hlght Teacher for the Might Place." 

Information of teachers will be furnished, which shall embrace — Opportunities for 
education ; special qualification for teaching ; experience, where, and in what grade 
of schools ; references ; age ; religious preferences ; salary expected ; specimens of 
candidate's letter, and sometimes a photographic likeness. Unless otherwise ad- 
vised, we nominate several candidates, and thus give opportunity for good selection. 

ga^° Principals, School Officers, and Heads of Families should give early notice 
of what Teachers they may want. Full particulars should be given. 

Teachers who want positions should send for " Application Form." 

Testimony for the " American School Institute." 

I Jcnoio your "American School Institute" to be possessed of the most reliable 
and extended facilities.— Rev. C. V. Spear, Principal Young Ladies' Institute, 
Pittsjield, Mass. 

The benefits of a " division of labor" are happily conceived and admirably real- 
ized in the "American Sciiool Institute."— Edward G. Tyler, Ontario Female 
Seminary, N. Y. 

Experience has taught me that I may safely rely upon it when I want teachers. — 
Rev. J. H. Brakeley, Bordentown Female College. New-Jersey. 

I commend it to the entire confidence of all.— Rev. D. C. Yan Norman, LL.D., 
New - York. 

The business of the Institute is systematically conducted. The proprietors are 
liberally educated and otherwise eminently qualified for their duties. — 0. R. Willis, 
Principal Alexander Institute, White Plains, N. Y. 

I am very grateful for the prompt services which the "American School Insti- 
tute " has rendered in supplying me with excellent teachers. — Rev. C. W. Hewes, 
Female Seminary, Indianapolis, Indiana. 

I have tried the "American School Institute," and regard it a most desirable 
medium for supplying our schools and seminaries with the best teachers, and for 
representing well-qualified teachers who wish employment. All who are seeking 
teachers will find a wide range from which to select, with an assurance, that in stat- 
ing character and qualifications, there is no " humbug," and there can be no mis- 
take. Teachers will find situations for which they may otherwise seek in vain. 
The highly respectable character of the gentlemen who conduct the " Institute " 
affords a sufficient guarantee, not only of fair dealing, but also of kind and polite 
treatment to all.— Rev. Eben S. Stearns, Principal Albany Female Academy, N.Y. 

Circulars explaining plan and terms sent when applied for. 

J. W. SCHERMERH03N, A.M., Actuary, 430 Broome St., New- York. 



USEFUL, BEAUTIFUL, 
HEALTH-BEGUILING BOOKS. 



I. WATSON'S MANUAL OP CALISTHENICS, $1 25 

II. HAND-BOOK OP CALISTHENICS AND GYMNASTICS, 2 00 

8£*P"* Sent by mail, prepaid, on receipt of the price. 

Each volume is an 8vo, printed on fine and heavy tinted paper, richly and pro- 
fusely illustrated from original designs, with music to accompany the exercises. 
These works positively surpass all others on physical culture, in harmoniously 
blending the scientific and the practical in the variety and completeness of the 
classes of movements, and in the adaptation of the exercises to the wants of both 
sexes and persons of all ages. In the first, all the exercises are without apparatus ; 
in the second, complete courses of exercises are given both with and without ap- 
paratus. The exercises are adapted to the parlor, and embrace some of the most 
excellent life-infusing games and sports ever known. 

To consumptives, dyspeptics, invalids in general, and the sedentary, to all who 
wish to secure physical beauty, muscular strength and robust health, the use of 
these books will prove invaluable. It is when health is lost or impaired that one 
can sympathize with the assertion of Professor Kloss, that " He who has it has all 
things ; he who lacks it has nothing." 

These books are superbly bound, and will grace any library or table. 

The work is the most complete and elaborate. — J¥. Y. Evening Post. 

Every person not accustomed to daily manual labor in the open air, ought to 
pursue this system of exercise. The health of the whole community would be pro- 
moted. — N. Y. Observer. 

A volume both valuable and beautiful ; it surpasses all its predecessors. — The 
Independent. 

It teaches the best means of educating the human body simultaneously with the 
human mind. — The Albion. 

It is very comprehensive in its character, embracing several topics which have 
never before been included in one treatise. The subject is treated in a most careful 
and exact form, and illustrated in a style which leaves nothing to be desired. — 
Sunday-School Times. 

To those in authority, whose influence would be effectual in promoting the. cir- 
culation of this book, it becomes a positive duty so to do by every means in their 
power. All who have the physical welfare of the human race at heart, and under- 
stand how powerless the intellect is to contend against the burden of a feeble and 
emaciated frame, are equally interested in its teachings, and answerable, each in 
his own sphere, however small it may be, for the consequences of neglecting them.— 
New- York Daily Times. 

Truly a book that every family should have. The whole subject of thorough 
bodily exercise is made as attractive as it is important.— Harper's Weekly. 

The book can not be too highly recommended. — Home Journal. 

We practiced these exercises to recover health ; we advise others to practice them 
to keep it. . . . These books are a credit to the American press. — London 
Header. 

J. W. SCHERMERHORN &. CO., Publishers, 

430 Broome Street, New- York, 



EUREKA LIQUID SLATING. 

{Munger's Invention. J. W. Schermerhom & Co., Manufacturers.) 

Makes a Surface which Rivals the Best Wall Slates. 

It i3 perfectly Black j never Crumbles j always remains Hard and Smooth. 

It is successfully applied to any kind of board or wall, and is invaluable in reno- 
vating old wooden blackboards. It has been used twelve years in some of the best 
schools of New-England. The surface is as smooth and perfect noiv as when applied. 
This proves its durability. It is put up in tin cans, and sent safely by Express. 

By following directions, any teacher may easily apply the Eureka Slating, and 
make a perfect slate surface, wonderful in color, smoothness, and durability. 

PRICE, 81.75 PER PINT; $3 PER QUART. 

5 per cent discount on five gallons, and 10 per cent on ten gallons or more. 

One pint will cover about 30 square feet; hence it makes a cheap blackboard. In 
Chicago, New- York, Philadelphia, Boston, and vicinities, we will apply it at ten cents 
per square foot. 

JEW" Do not confound EUREKA LIQUID SLATING with slating known by other 
names, or manufactured by other persons, for it has its imitations. But no other 
slating can produce the perfectly smooth dead-black swface of the EUREKA. 

Prominent teachers and school officers in every part of the country have so thor- 
oughly tested the EUREKA SLATING, that we do not hesitate to warrant it. 

TESTIMONY FOR THE EUREKA SL.ATING. 

Office of Superintendent of Pcblic Schools, Buffalo, July 5, 1S66. 
Three years ago " Eureka Slating" was applied to blackboards in our public schools. 
They are now in fine condition, and do not seem worn in the least by constant use. 
I recommend this Slating to teachers and school officers. 

JOHN S. FOSDICK, Superintendent. 

Galesburg, III., April 12, 1866. 
I have used " Liquid Slating" to restore old and to make new blackboards, as I visit 
the schools of my county. In every case it gives perfect satisfaction. I shall con- 
tinue its use, believing it to be the best preparation made for blackboard purposes. 
' J. H. KNAPP, Co. Supt. of Schools, Knox Co., 111. 

I take pleasure in recommending the " Eureka Slating" whenever an opportunity 
offers. NEWTON BATEMAN, State Supt. Public Instruction, Illinois. 

The Eureka Liquid Slating will always give satisfaction when properly applied. 
JOHN D. PHILBRICK, Supt. Public Schools, Boston, Mass. 

New-Haven, Ct., April 23, 1S66. 
I have used it nine years, and it seems to improve. From my own experience I 
think it will last fifty years. E. ROBBINS. 

Minnesota State Normal School, Winona, March 13, 1866. 
Our blackboards are finished with " Eureka Slating." When properly applied it 
leaves nothing to be desired. It is equal to the best Vermont and Lehigh Slates, 
besides being cheaper. I recommend it to the teachers of the North-West. 

WM. F. PHELPS, Principal. 

N. Y. State Normal School, Albany, N. Y., June 22, 1866. 
I recommend " Eureka Slating," having found it durable and cheap. 

OLIVER AREY, Principal. 

Albion Commercial College, Michigan, May 3, 1S64. 
We find " Eureka Slating" surface equal to the best stone slates. 

(Hon.) IRA MAYHEW, President. 

J. W. SCHERMERHORN & CO., Manufacturers, 

430 Broome Street, New- York. 



THE 



.4EB<l£JJfc'$ lIUUMf, 

FOR THE 

USE OF ALL WHO GO TO SCHOOL. 

BY EMERY F. STRONG. 



This little book is designed to exercise the young in the import- 
ant practice of making a daily record of items and events. It will help 
to cultivate and strengthen habits of observation and accuracy ; and 
these habits, formed in youth, will have a favorable influence in subse- 
quent life. Such a record, faithfully kept, will prove a history of the 
writer's life, and its value will increase with passing years. If persons 
now in active life were in possession of a manuscript diary of their 
school-days, they would esteem it a treasure indeed. 

The Scholar's Diary contains : 

I. Specimen pages of a diary, which will suggest the manner of 
making the daily entries. 

II. Rules and maxims for pupils. 
III. Subjects for Compositions, with simple suggestions. 
IY. Rules for the use of Capital letters. 
V. Rules for Punctuation. 

VI. Blank pages for making the daily entries of an ordinary school 
term. 
In some cases it will be found sufficient for preserving copies of 
the compositions written during the term. 

Price of the Scholar's Diary, per dozen, $2.50. Specimen copies 
sent by mail, prepaid, for 20 cents. 

J. W. SCHERfflERHORN & Co., Publishers. 

430 Broome Street, New- York. 



"Aids to School Discipline." 

REWARDS REDUCED TO A USEFUL AM PERFECT SYSTEM. 



The good effect of an accurate register of deportment and scholar- 
ship in promoting a wholesome spirit of emulation and scholarly pride 
is acknowledged by all. Yet such a register is rarely kept. Teachers 
generally have not time to record each recitation as it occurs. Other 
duties crowd upon them so that the record must be neglected for the 
time, and afterward made up from memory. Perfect accuracy being 
impossible in such cases, confidence in the record is weakened, and its 
moral force, in a great degree, lost. 

The Aids secure the good results of accurate records and reports, 
with less expense of time and labor, and also an active parental in. 
terest naturally awakened by a system of daily reports. 

The Aids may be used in various ways. The following is convenient : 
In the morning give each pupil a card, (five merits representing a per- 
fect dag,) to be forfeited for misdemeanor, or failure in recitation. 
Single Merits and Half Merits are for pupils who fail to retain their 
cards and yet, are worthy of some credit. Five cards held by any pupil 
are exchanged for a check, (twenty-five Merits,) representing a perfect 
School Week. Four Checks are exchanged for a Certificate of Merit, 
representing one hundred Merits, or a perfect Month. These Certificates 
bear the pupil's name and are signed by the teacher. The number 
held shows the pupil's standing in School. 

If a Prize is to be awarded at the close of the Session, there can be 
no mistake in determining to whom it belongs ; and the decision being 
made by each pupil exhibiting the Cards and Certificates received, no 
suspicion of favoritism can arise. 

The Aids are neat in design, and are beautifully printed in colors. 
The Certificates are prizes which children will admire and cherish. 
The Single Merits and Half Merits are printed on card-board ; the Cards 
and Checks on heavy paper, and may be used many times. This makes 
the system very cheap. The Aids are put up in sets of five hundred, 
there being eighty Certificates, one hundred and twenty Checks, two 
hundred cards, and one hundred Single Merits and Half Merits. 
Price, per set, $1.25. By mail, prepaid, $1.35. 

J. W. SCHERMEHHOEN & CO., Publishers, 

430 Broome Street, New-York, 



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